NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Grewal v Layton (No 2) [2018] NSWSC 1910 Hearing dates: 10 December 2018 Decision date: 12 December 2018 Jurisdiction: Equity - Commercial List Before: Ball J Decision: The first defendant pay the plaintiff's costs of the proceedings on the ordinary basis up to and including 6 July 2018 and on an indemnity basis on and from 7 July 2018 Catchwords: COSTS – Party/Party – Exceptions to general rule that costs follow the event – Offers of compromise/Calderbank offers – Whether the plaintiff's offers were genuine offers of compromise and whether their rejection was unreasonable – Whether a gross sum costs order would be appropriate Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Grewal v Layton [2018] NSWSC 1634 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Category: Costs Parties: Manvinder Grewal (Plaintiff) Stephen James Layton (First Defendant) Furnmart Australia Pty Ltd (In Liquidation) ACN 150 948 799) (Second Defendant) Representation: Counsel: J Dooley (Plaintiff) Litigant in Person (First Defendant)
Solicitors: Clyde & Co (Plaintiff) Litigant in Person (First Defendant) File Number(s): 2018/44464 Publication restriction: None
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