New South Wales Land and Housing Corporation v Quinn (No 3) [2018] NSWDC 193

District Court New South Wales

Medium Neutral Citation: New South Wales Land and Housing Corporation v Quinn (No 3) [2018] NSWDC 193 Hearing dates: 25 June 2018 Date of orders: 26 June 2018 Decision date: 26 June 2018 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) By consent of the parties and without prejudice to any appeal rights, as Mr Quinn from 16 May 2014 continued to pay an amount in respect of rent after the Tribunal terminated the lease, order under the slip rule in r 36.17 that the judgment amount be amended to $7,704.12. (2) Order that the plaintiff pay the defendant's costs of the proceedings, those costs to be assessed on an indemnity basis from after 29 May 2015. (3) Order that the costs payable in order (2) above be no less than the amount of the judgment plus interest specified in order (1) above, and that Mr Quinn be at liberty to set-off his costs entitlement against the judgment. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers Legislation Cited: Uniform Civil Procedure Rules, r 36.17 Cases Cited: Australian Receivables Ltd v Tekitu Pty Ltd (Subject to Deed of Company Arrangement) (Deed Administrators Appointed) & ors [2011] NSWSC 1425 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Capital Securities XV Pty Ltd (formerly known as Prime Capital Securities Pty Ltd) v Calleja [2018] NSWCA 26 Cardno ITC Pty Ltd v 33 York Street Pty Ltd (No 2) [2013] NSWDC 313 Cretazzo v Lombardi (1975) 13 SASR 4 Daftar v Al-Khamisy (No 3) [2014] NSWDC 345 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407; (2009) 76 NSWLR 603 HM&O v Ingram [2012] NSWSC 1225 Leichhardt Municipal Council v Green [2004] NSWCA 341 Livsey v Australian National Car Parks Pty Ltd (No 2) [2015] NSWDC 118 Manly Council v Byrne and Anor (No. 2) [2004] NSWCA 227 New South Wales Land and Housing Corporation v Quinn (No 2) [2018] NSWDC 161 Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 Sabah Yazgi v Permanent Custodians Ltd (No 2) [2007] NSWCA 306 Singleton v Macquarie Broadcasting Holdings Ltd (1991) 24 NSWLR 103 Category: Costs Parties: New South Wales Land and Housing Corporation (plaintiff) Robert Quinn (defendant) Representation: Counsel: Mr A Di Francesco (plaintiff) Mr R Dalgleish (defendant)