NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Maroubra Pool Café Pty Ltd v Fedele (No 2) [2018] NSWSC 192 Hearing dates: On the papers Date of orders: 23 February 2018 Decision date: 23 February 2018 Jurisdiction: Equity Before: Darke J Decision: See paragraph [24] Catchwords: COSTS – departing from general rule – defendants unreasonably failed to accept Calderbank offer – indemnity costs ordered from date of offer – plaintiff succeeded on some issues and failed on others – appropriate to order that defendants pay only half of plaintiff's costs for period prior to offer Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Blair v Curran (1939) 62 CLR 464 Maroubra Pool Café Pty Ltd v Fedele [2017] NSWSC 1722 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Reichel v Magrath (1889) 14 App Cas 665 Walton v Gardiner (1993) 177 CLR 378 Category: Costs Parties: Maroubra Pool Café Pty Ltd (Plaintiff) Antonio Fedele (First Defendant) Maria Fedele (Second Defendant) Representation: Counsel: Mr M Ashhurst SC with Mr P M Barham (Plaintiff) Mr C W Robinson (Defendants)
Solicitors: Borodin Legal (Plaintiff) Dimarco Lawyers (Defendants) File Number(s): 2015/378241 Publication restriction: None
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