Ivan Lijic v Lydia Bocan [2018] NSWSC 911

Supreme Court New South Wales

Medium Neutral Citation: Ivan Lijic v Lydia Bocan [2018] NSWSC 911 Hearing dates: 24 October 2017 and 16 November 2017 Decision date: 18 June 2018 Jurisdiction: Equity Before: Robb J Decision: See paragraphs 58 to 62 Catchwords: COSTS — Party/Party — Court's discretion — second defendant made submitting appearance — the plaintiffs and first defendant are ordered to pay the second defendant's costs in equal shares COSTS — Party/Party — Bases of quantification — Indemnity basis — Excessive indemnity costs sum — the second defendant is not entitled to indemnity costs — party with submitting appearance not entitled to indemnity costs COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers — Calderbank letter served by second defendant has not entitled it to indemnity costs Legislation Cited: Cemeteries and Crematoria Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Crown Lands (General Reserves) By Law 2006 (NSW) Cases Cited: Midson v Workers Compensation Commission & Ors (No 2) [2017] NSWSC 147 Category: Costs Parties: Ivan Lijic (First Plaintiff) Andja Lijic (Second Plaintiff) Ivanka Jeroncic (Third Plaintiff) Lydia Bocan (First Defendant) Catholic Metropolitan Cemeteries Trust trading as Catholic Cemeteries and Crematoria (Second Defendant) Representation: Counsel: L Clarke (plaintiffs) AL Connolly (first defendant)

Solicitors: Philip Gengos & Co (plaintiffs) Court Solicitors (first defendant) Makinson d'Apice Lawyers (second defendant) File Number(s): 2017/149961