H20 Learning Pty Ltd v Swim Loops Pty Ltd t/as Jump Swim Schools & Ors (No. 2) [2019] NSWDC 207

District Court New South Wales

Medium Neutral Citation: H20 Learning Pty Ltd v Swim Loops Pty Ltd t/as Jump Swim Schools & Ors (No. 2) [2019] NSWDC 207 Hearing dates: On the papers Date of orders: 28 May 2019 Decision date: 28 May 2019 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 20. Catchwords: COSTS – Calderbank offer – whether Plaintiff's rejection of an offer of settlement was unreasonable - offer of compromise – presumptive entitlement of Defendants to costs on indemnity basis arising – whether Court should 'otherwise order' on ground that the Defendants unnecessarily increased the costs of proceedings. Legislation Cited: Uniform Civil Procedure Rules Cases Cited: Calderbank v Calderbank [1976] Fam 93 Jones v Bradley (No.2) [2003] NSWCA 258 Loulach Developments Pty Ltd v Roads and Maritime Services (No.2) [2019] NSWSC 601 Ofria v Cameron (No.2) [2008] NSWCA 242 Category: Costs Parties: H20 Learning Pty Ltd (Plaintiff) Swim Loops Pty Ltd t/as Jump! Swim Schools (First Defendant) Mr Campbell (Second Defendant) Mr Rice (Third Defendant) Mr Hurry (Fourth Defendant) Representation: Counsel: Mr D A Allen (Plaintiff) Mr M Gunning (First to Fourth Defendants)

Solicitors: Baybridge Lawyers (Plaintiff) MistryFallahi Lawyers & Business Advisors (Defendants) File Number(s): 2017/333142 Publication restriction: Nil.