Le v Brown; Nguyen v Brown; Tran v Brown; Monica v Brown; Huggett v Brown (No.3) [2019] NSWSC 185

Supreme Court New South Wales

Medium Neutral Citation: Le v Brown; Nguyen v Brown; Tran v Brown; Monica v Brown; Huggett v Brown (No.3) [2019] NSWSC 185 Hearing dates: 01 March 2019 Date of orders: 01 March 2019 Decision date: 01 March 2019 Jurisdiction: Common Law Before: Garling J Decision: (1) In each of the proceedings, the order for costs will be that the cross-claimants pay QBE's costs of the cross-claims. Catchwords: COSTS – application for costs on an indemnity basis – where the successful cross defendant made an offer of settlement prior to trial commencing – whether it was unreasonable for the cross-claimants not to accept the offer – where scant evidence is available to make a finding about whether the offer was a genuine Offer of Compromise at the time – application for costs on an indemnity basis was unsuccessful Legislation Cited: Not Applicable Cases Cited: Le v Brown; Nguyen v Brown; Tran v Brown; Monica v Brown; Huggett v Brown (No.2) [2019] NSWSC 88 Texts Cited: Not Applicable Category: Principal judgment Parties: Thi Le Le (P1) Cindy Xuan Vy Nguyen (P2) Van Diep Tran (P3) Rachel Monica (P4) Stephen Huggett (P5) Edwin Christopher Brown (D1) Zurich Australian Insurance Limited (D2) Futurewood Pty Ltd (D3) QBE Insurance (Australia) Limited (X-D) Representation: Counsel: R O'Keefe (D1, Substituted D2) B Hull (D3) M McCulloch SC and R Perla (X-D)