Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2019] NSWSC 360

Supreme Court New South Wales

Medium Neutral Citation: Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2019] NSWSC 360 Hearing dates: 15 February 2019, 21 March 2019 (closing date for written submissions on costs) Date of orders: 03 April 2019 Decision date: 03 April 2019 Jurisdiction: Common Law Before: Wright J Decision: The defendant is to pay the plaintiff's costs of these proceedings as agreed or assessed on the ordinary basis. Catchwords: COSTS – party/party – bases of quantification – costs sought on indemnity basis – where plaintiff successful in enforcing a compromise – where contended Calderbank offer not accepted – no significant element of compromise – no basis for departing from usual order that costs be paid on ordinary basis Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Baxter v Obacelo Pty Ltd (2001) 205 CLR 635; [2001] HCA 66 Calderbank v Calderbank [1975] 3 All ER 333 Chaina v Alvaro Homes Pty Ltd [2008] NSWCA 353 Herning v GWS Machinery Pty Ltd [No. 2] [2005] NSWCA 375 Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2019] NSWSC 238 Stewart v Atco Controls Pty Ltd (in Liquidation) [No 2] (2014) 252 CLR 331; [2014] HCA 31 Category: Costs Parties: Schwartz Family Co Pty Ltd (Plaintiff) Capitol Carpets Pty Ltd (Defendant) Representation: Counsel: Mr J Sleight with Mr C Mulvey (Plaintiff) Ms J Granger (Defendant)