The Trust Company (Australia) Ltd in its capacity as custodian of The Asia Pacific Data Centre Trust v NEXTDC Limited [No 2] [2018] NSWSC 1384

Supreme Court New South Wales

Medium Neutral Citation: The Trust Company (Australia) Ltd in its capacity as custodian of The Asia Pacific Data Centre Trust v NEXTDC Limited [No 2] [2018] NSWSC 1384 Hearing dates: Written submissions Decision date: 07 September 2018 Jurisdiction: Equity - Real Property List Before: Hammerschlag J Decision: The plaintiffs are to pay the defendant's costs of the proceedings. Those costs are to be on the indemnity basis from 6 July 2018 Catchwords: COSTS – INDEMNITY COSTS – UCPR rr 20.26, 42.1, 42.15A – whether indemnity costs should be ordered because two offers of settlement and an offer of compromise were not accepted and the plaintiffs did no better than what the defendant offered; HELD – refusal of the two offers of settlement did not justify indemnity costs – no reason to otherwise order than that the defendant should get indemnity costs because the plaintiffs did no better than the terms of the offer of compromise Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Corporations Act 2001 (Cth) Cases Cited: The Trust Company (Australia) Ltd in its capacity as custodian of The Asia Pacific Data Centre Trust v NEXTDC Limited [2018] NSWSC 1361 Category: Costs Parties: The Trust Company (Australia) Ltd in its capacity as custodian of The Asia Pacific Data Centre Trust - First Plaintiff Asia Pacific Data Centre Limited - Second Plaintiff NEXTDC Limited - Defendant Representation: Counsel: A. J. McInerney SC with G. P. Gee - Plaintiffs I. R. Pike SC with J. Lazarus - Defendant