RHG Mortgage Corporation Ltd v Summerfield (No.2) [2018] NSWSC 1550

Supreme Court New South Wales

Medium Neutral Citation: RHG Mortgage Corporation Ltd v Summerfield (No.2) [2018] NSWSC 1550 Hearing dates: 27 July 2018 Date of orders: 19 October 2018 Decision date: 19 October 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) Defendants' Notice of Motion filed 16 July 2018 dismissed. (2) Orders made by the Court on 29 June 2018 with respect to costs stand. (3) Order the defendants to pay the plaintiff's costs of the Motion filed 16 July 2018. Catchwords: COSTS — party/party — bases of quantification — indemnity basis — application by successful defendants for indemnity costs — not unreasonable for plaintiff to continue proceedings — offers of compromise made by defendants were vague and unclear — no basis for award of exemplary damages — indemnity costs not awarded Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd [1988] FCA 202; (1988) 81 ALR 397 Hamod v State of New South Wales [2002] FCA 424; (2002) 188 ALR 659 RHG Mortgage Corporation Limited v Summerfield & Anor [2016] NSWSC1595 RHG Mortgage Corporation Ltd v Summerfield [2018] NSWSC 972 South Eastern Sydney Area Health Service v King [2006] NSWCA 2 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: RHG Mortgage Corporation Ltd (P) Brian John Summerfield (D1) Catherine May Summerfield (D2) Representation: Counsel: M W Young SC (P) D C Eardley (D1, D2)