Luo v Carbone [2019] NSWSC 830

Supreme Court New South Wales

Medium Neutral Citation: Luo v Carbone [2019] NSWSC 830 Hearing dates: On the papers Date of orders: 04 July 2019 Decision date: 04 July 2019 Jurisdiction: Equity Before: Darke J Decision: Each party to pay their own costs, save that the first defendant is to pay the plaintiff's costs of attending certain directions hearings. Catchwords: COSTS – proceedings resolved without a determination on the merits – parties entered into a Deed of Settlement and Release – where the plaintiff and first defendant served multiple offers of compromise – whether the plaintiff or first defendant acted unreasonably in failing to accept offers of compromise – where neither party failed to accept an offer that was substantially more favourable to them than the settlement achieved – both plaintiff and first defendant equally responsible for failure to achieve early settlement – specific cost order made to compensate the plaintiff for having to attend unnecessary directions hearings Legislation Cited: Civil Procedure Act 2005 (NSW), ss 60, 98 Uniform Civil Procedure Rules 2005 (NSW), r 4.4 Cases Cited: Calderbank v Calderbank [1976] Fam 93 Edwards Madigan Torzillo Briggs Pty Ltd v Stack [2003] NSWCA 302 Facek v Gargano [2019] VSC 31 Fordyce v Fordham (2006) 67 NSWLR 497; [2006] NSWCA 274 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Oshlack v Richmond River Council (1998) 193 CLR 72 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Renton v Kelly [2018] NSWSC 1377 Seng Hpa v Walker [2017] VSC 320 Transfield Services (Australia) Pty Limited v Gaha [2012] NSWSC 865 Tuitupou v Davies [2019] NSWSC 160 Category: Costs Parties: Weihong Luo (Plaintiff) Angela Carbone (First Defendant) Bayside Pty Ltd t/as Domaine Plus Real Estate (Second Defendant) Representation: Solicitors: Luminous Legal (Plaintiff) Barclays Law Group (First Defendant) File Number(s): 2017/230587 Publication restriction: Nil