D.R. Design (NSW) Pty Limited v Grand City International Development Pty Ltd (No 2) [2018] NSWSC 287

Supreme Court New South Wales

Medium Neutral Citation: D.R. Design (NSW) Pty Limited v Grand City International Development Pty Ltd (No 2) [2018] NSWSC 287 Hearing dates: On the papers Date of orders: 08 March 2018 Decision date: 08 March 2018 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) The defendant pay the plaintiff's costs to be assessed on the ordinary basis up to and including 18 August 2017.

(2) The plaintiff pay the defendant's costs on an indemnity basis on and from 19 August 2017. Catchwords: COSTS – Party/party – Exceptions to general rule that costs follow the event – Offers of compromise/ Calderbank offers – Whether the quantum of costs should be included in the assessment of a party's success in relation to a settlement offer COSTS – Party/party – Exceptions to general rule that costs follow the event – Offers of compromise/ Calderbank offers – Whether a party is obligated to explain the calculation of their settlement offer COSTS – Party/party – Exceptions to general rule that costs follow the event – Whether commencement and continuation of the proceedings in the Supreme Court was warranted under Uniform Civil Procedure Rules 2005 (NSW) r 42.34 COSTS – Party/party – Exceptions to general rule that costs follow the event – General discretion in relation to costs – Whether the costs were disproportionate to the amount recovered/claimed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: D.R. Design (NSW) Pty Limited v Grand City International Development Pty Ltd [2017] NSWSC 1778 Liprini v McIntyre [2017] NSWSC 1753 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Category: Costs Parties: D.R. Design (NSW) Pty Limited t/as Dickson Rothschild (ACN 134 237 540) (Plaintiff) Grand City International Development Pty Ltd (ACN 601 060 600) (Defendant) Representation: Counsel: M Castle (Plaintiff) Dr A Greinke (Defendant)