V8 Supercars Holdings Pty Ltd v Sanpoint Pty Ltd (No 2) [2018] NSWSC 480

Supreme Court New South Wales

Medium Neutral Citation: V8 Supercars Holdings Pty Ltd v Sanpoint Pty Ltd (No 2) [2018] NSWSC 480 Hearing dates: 29 September 2017 Date of orders: 19 April 2018 Decision date: 19 April 2018 Jurisdiction: Equity Before: Robb J Decision: The second defendant/cross claimant to pay the plaintiff's costs in the proceedings, save for the costs of the separate questions determined by Pembroke J in V8 Supercars Holdings Pty Ltd v Lucas Dumbrell Investments Pty Ltd [2014] NSWSC 1391, assessed on the ordinary basis for costs incurred up to and including 25 May 2015 and on an indemnity basis for costs incurred from 26 May 2015. Catchwords: COSTS — Party/Party —Offers of compromise/Calderbank offers — whether Calderbank offer was effective — whether indemnity costs should be ordered against offeree following non acceptance of Calderbank offer — whether offer of compromise was a real and genuine offer

COSTS — Party/Party — Bases of quantification — Ordinary basis

COSTS — Party/Party — Bases of quantification — Indemnity basis Cases Cited: Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Leach v The Nominal Defendant (QBE Insurance (Australia) Ltd) (No 2) [2014] NSWCA 391 V8 Supercars Holdings Pty Ltd v Sanpoint Pty Ltd [2017] NSWSC 1043 V8 Supercars Holdings Pty Ltd v Lucas Dumbrell Investments Pty Ltd [2014] NSWSC 1391 Prospect Resources Ltd v Molyneux [2015] NSWCA 171 Hobartville Stud Pty Ltd v Union Insurance Co Ltd (1991) 25 NSWLR 358 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Vale v Eggins (No 2) [2007] NSWCA 12 Category: Costs Parties: V8 Supercars Holdings Pty Ltd (first plaintiff/first cross defendant) Australian Motor Racing Partners Pty Ltd (second plaintiff/second cross defendant) Sanpoint Pty Ltd in any capacity (including as trustee for the Fiore Family Trust and as trustee for the partners of Sanpoint) (second defendant/cross claimant) Representation: Counsel: PS Braham SC/T O'Brien (plaintiffs/cross defendants) CRC Newlinds SC/BK Koch (second defendant/cross claimant)