Actuarial Outlook Pty Ltd v Holmans Pty Ltd [2017] NSWSC 1563

Supreme Court New South Wales

Medium Neutral Citation: Actuarial Outlook Pty Ltd v Holmans Pty Ltd [2017] NSWSC 1563 Hearing dates: 13 November 2017 Decision date: 17 November 2017 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the defendant to pay the plaintiff's costs of the proceedings up to 5 October 2017.

(2) Unless either party makes a different application in writing, with evidence relied on in support, to my Associate within 7 days, order the defendant to pay the plaintiff's costs of the notice of motion filed on 7 November 2017.

(3) If an application is made pursuant to (2) above, the respondent is to provide a response to my Associate within a further 7 days in order that the matter can be determined on the papers. Catchwords: COSTS – where plaintiff accepts offer of compromise made by defendant for $375,000 and no provision for costs is made in the offer – whether UCPR 42.34 applies – HELD – UCPR 42.34 applies – matter of discretion whether order for costs in favour of plaintiff ought be made – evidence required to satisfy the Court that the commencement and continuation of the proceedings in this Court was warranted – pleadings sufficient in circumstances of present case Legislation Cited: Civil Liability Act 2002 (NSW) s 5O Civil Procedure Act 2005 (NSW), ss 56, 98, Pt 6 Competition and Consumer Act 2010 (Cth), Part VIA District Court Act 1973 (NSW), s 4, 44 and 51 Legal Profession Act 2004 (NSW), s 347 Legal Profession Uniform Law Application Act 2014 (NSW), Sch 2, cl 4 Uniform Civil Procedure Rules 2005 (NSW) rr 20.26, 20.27, 42.13A and 42.34 Cases Cited: Gates v City Mutual Life Assurance Society Ltd (1986) 160 CLR 1; [1986] HCA 3 Morgan v Johnson Green (1998) 44 NSWLR 578 Norris v Routley [2016] NSWSC 147 Category: Principal judgment Parties: Actuarial Outlook Pty Ltd as trustee for Dowsett Family Trust (ACN 118 035 608)(Plaintiff) Holmans Pty Ltd (ACN 108 110 667) (Defendant) Representation: Counsel: D Toomey SC/D Neggo (Plaintiff) C Bova/B Ng (Defendant)