Southern Classic Group Pty Ltd t/as Southern Classic Cars v Arch Underwriting at Lloyd’s Ltd on behalf of Syndicate 2012 (No 2) [2018] NSWSC 1530

Supreme Court New South Wales

Medium Neutral Citation: Southern Classic Group Pty Ltd t/as Southern Classic Cars v Arch Underwriting at Lloyd's Ltd on behalf of Syndicate 2012 (No 2) [2018] NSWSC 1530 Hearing dates: 4 October 2018 Decision date: 11 October 2018 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Defendants to pay Plaintiff's costs on ordinary basis Catchwords: CIVIL PROCEDURE – Jurisdiction – Jurisdiction of the District Court – claim arising out of a commercial transaction – amount claimed within monetary limit of District Court – District Court has no jurisdiction in matters arising out of a commercial transaction or in which there is an issue that has importance in trade or commerce

COSTS – Party/party – General rule that costs follow the event – where plaintiff recovered less than amount claimed – whether costs should follow the event – whether letter containing offer was a Calderbank offer – whether indemnity costs should be awarded from date of letter Legislation Cited: District Court Act 1973 (NSW) Insurance Contracts Act 1984 (Cth) Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333; [1975] 3 WLR 586 Dean v Stockland Property Management Pty Ltd (No 2) [2010] NSWCA 141 Forsyth v Deputy Commissioner of Taxation (2007) 231 CLR 531; [2007] HCA 8 Jago v District Court of New South Wales (1989) 168 CLR 23; [1989] HCA 46 Nova 96.9 Pty Ltd v Natvia Pty Ltd [2018] NSWSC 1288 Old v McInnes and Hodgkinson [2011] NSWCA 410 Pelechowski v Registrar, Court of Appeal (NSW) (1999) 198 CLR 435; [1999] HCA 19 Sapphire Suite Pty Ltd v Bellini Lounge Pty Ltd [2018] NSWDC 160 Southern Classic Group Pty Ltd t/as Southern Classic Cars v Arch Underwriting at Lloyd's Ltd on behalf of Syndicate 2012 [2018] NSWSC 1272 The NTF Group Pty Ltd v PA Putney Finance Australia Pty Ltd [2017] NSWSC 1194 Trustee for the Salvation Army (NSW) Property Trust v Becker (No 2) [2007] NSWCA 194 Category: Costs Parties: Southern Classic Group Pty Limited trading as Southern Classic Cars (Plaintiff) Arch Underwriting at Lloyd's Ltd on behalf of Syndicate 2012 (First Defendant) Liberty Managing Agency Limited for and on behalf of Syndicate 4472 (Second Defendant) Hiscox Dedicated Corporate Member Limited (Third Defendant) Barbican Managing Agency Limited (Fourth Defendant) Representation: Counsel: G Carolan (Plaintiff) A Horvath (Defendants)