NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Michael Szczerbanik v Carnival PLC trading as Carnival Cruise Lines [2019] NSWDC 198 Hearing dates: 18 March 2019 Date of orders: 26 March 2019 Decision date: 26 March 2019 Jurisdiction: Civil Before: Judge J Smith SC Decision: (1) The plaintiff is to pay the defendant's costs on a party/party basis up to and including 16 November 2017 and on an indemnity basis from 17 November 2017. (2) The plaintiff's solicitor is to repay the plaintiff the whole of the cost payable that the plaintiff has been ordered to pay to the defendant. (3) The exhibit is to be returned. Catchwords: COSTS – Party/Party – Court's discretion – indemnity costs – whether the Court should "otherwise order" – refusal of offer unreasonable Legislation Cited: Civil Liability Act 2002 (NSW) ss 31, 32, pt 3 Legal Profession Uniform Law Application Act 2014 (NSW) cl 5 of sch 2 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.15 Cases Cited: Newell; Muriniti v De Costi [2018] NSWCA 49 Wicks v State Rail Authority of New South Wales (2010) 241 CLR 60 Zhang v Hardas (No 2) [2018] NSWCA 432 Category: Costs Parties: Michael Szczerbanik – Plaintiff Carnival PLC trading as Carnival Cruise Lines – Defendant Representation: Counsel: Mr A Campbell – Plaintiff Mr B Hull - Defendants
Solicitors: Gerard Malouf & Partners – Plaintiff HWL Ebsworth - Defendant File Number(s): 2017/00162249 Publication restriction: No restriction.
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