Loulach Developments Pty Ltd v Roads and Maritime Services (No 2) [2019] NSWSC 601

Supreme Court New South Wales

Medium Neutral Citation: Loulach Developments Pty Ltd v Roads and Maritime Services (No 2) [2019] NSWSC 601 Hearing dates: On the papers Decision date: 23 May 2019 Jurisdiction: Common Law Before: Leeming JA Decision: 1. The plaintiff pay the defendant's costs of the proceedings up to 26 July 2018 on the ordinary basis.

2. The plaintiff pay the defendant's costs of the proceedings from 27 July 2018 on an indemnity basis. Catchwords: COSTS – offer of compromise – defendant offered to pay plaintiff $100,000 in settlement of its claim – defendant ultimately successful after trial - whether genuine offer of compromise – whether presumptive entitlement to special costs order made out – whether Court should otherwise order – special costs order in favour of defendant ordered Legislation Cited: Uniform Civil Procedure Rules, rr 20.26, 42.15A Cases Cited: Botany Bay City Council v Latham (No 2) [2013] NSWCA 450 Gold & Copper Resources Pty Ltd v Hon Chris Hartcher, Minister for Resources and Energy (No 2) [2015] NSWCA 163 Loulach Developments Pty Ltd v Roads and Maritime Services [2018] NSWSC 1402 Loulach Developments Pty Ltd v Roads and Maritime Services [2019] NSWSC 438 Miwa Pty Ltd v Siantan Properties Lte Ltd (No 2) [2011] NSWCA 344 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Category: Costs Parties: Loulach Developments Pty Ltd (Plaintiff) Roads and Maritime Services (Defendant) Representation: Counsel:

NJ Kidd SC (Defendant)