Ms Kirsty McLaren (in her capacity as executrix of the estate of Mr William George McLaren) v Hugo White Pty Ltd trading as Sautelle White Lawyers (No 2) [2018] NSWDC 271

District Court New South Wales

Medium Neutral Citation: Ms Kirsty McLaren (in her capacity as executrix of the estate of Mr William George McLaren) v Hugo White Pty Ltd trading as Sautelle White Lawyers (No 2) [2018] NSWDC 271 Hearing dates: 31 August 2018 Date of orders: 31 August 2018 Decision date: 31 August 2018 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) The defendants pay interest on the plaintiff's assessed costs on and from the date of payment of those costs. (2) For the purpose of calculating the amount of interest, the assessed costs of the plaintiff are the amount of those costs paid multiplied by the percentage the assessed costs bear to the total costs paid. (3) No order as to costs of this application. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers – interest on costs Legislation Cited: Civil Procedure Act 2005, s 101 Evidence Act 1995, s 131 Limitation Act 1969, s 14 Cases Cited: Armstrong Strategic Management and Marketing Pty Limited v Expense Reduction Analysts Group Pty Ltd (No 10) [2017] NSWSC 16 Commonwealth of Australia v Gretton [2008] NSWCA 117 Elite Protective Personnel Pty Ltd & Anor v Salmon [2007] NSWCA 322 Feldman v GNM Australia Ltd [2017] NSWCA 107 Galafassi v Kelly (No 2) [2014] NSWCA 239 Jojeni Investments Pty Ltd v Mosman Municipal Council (No 2) [2015] NSWCA 208 Joseph Lahoud & Anor v Victor Lahoud & Ors [2006] NSWSC 126 Little v Saunders [2004] NSWSC 655 Perisher Blue Pty Ltd v Nair-Smith (No 2) [2015] NSWCA 268 Perry v Comcare [2006] FCA 33 Polias v Ryall (No 2) [2015] NSWSC 1 Sim Development Pty Ltd v Greenvale Property Group Pty Ltd [2018] VSCA 201 Vieira v O'Shea (No 2) [2012] NSWCA 121 Category: Costs Parties: Ms Kirsty McLaren (in her capacity as executrix of the estate of Mr William George McLaren) (plaintiff) Hugo White Pty Ltd trading as Sautelle White Lawyers (first defendant) Hugo White (second defendant) Representation: Counsel: Mr D Robertson (plaintiff) Mr E O'Neill (defendants)