Perpetual Trustee Company Ltd v Corbett (No 2) [2018] NSWSC 497

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Trustee Company Ltd v Corbett (No 2) [2018] NSWSC 497 Hearing dates: 12 April 2018 Date of orders: 23 April 2018 Decision date: 23 April 2018 Jurisdiction: Equity Before: Robb J Decision: See par 43 Catchwords: PROCEDURE — Judgments and orders — Orders giving effect to the principal judgment — declaration of legal and beneficial interest in land and order to pay rent received

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

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

COSTS — Party/Party — Offers of compromise/Calderbank offers — whether Offers of compromise/Calderbank offer was effective — whether indemnity costs should be ordered against offeree following non acceptance of Offer of compromise/Calderbank offer — costs on the indemnity basis following non acceptance of an effective Calderbank offer Legislation Cited: Civil Procedure Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Trustee Act 1925 (NSW) Cases Cited: Perpetual Trustee Company Ltd v Corbett [2018] NSWSC 126 Elite Protective Personnel Pty Ltd v Salmon [2007] NSWCA 322 Miwa Pty Ltd v Stanton Properties Pty Ltd (No 2) [2011] NSWCA 344 Velik v Steingold (No 2) [2012] NSWSC 1347 Category: Costs Parties: Perpetual Trustee Company Limited as Trustee of the Estate of the late Keith William Corbett (plaintiff/cross defendant) John Keith Corbett (first defendant/first cross claimant) Corbett Constructions Pty Ltd (second defendant/second cross claimant) Corbett Court Pty Ltd (third defendant/third cross claimant) Representation: Counsel: CM Harris SC (plaintiff/cross defendant) B De Buse (defendants/cross claimants)