Ozzy States Pty Ltd v Norton Property Group Pty Ltd & Anor [2019] NSWDC 308

District Court New South Wales

Medium Neutral Citation: Ozzy States Pty Ltd v Norton Property Group Pty Ltd & Anor [2019] NSWDC 308 Hearing dates: 5 June 2019 Date of orders: 28 June 2019 Decision date: 28 June 2019 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) That the defendants pay the plaintiffs' costs of the proceedings including the cross claim, other than the plaintiffs' application for indemnity costs, the subject of this judgment.

(2) The plaintiffs pay the defendants' costs of the application for indemnity costs, the subject of this judgment. Catchwords: COSTS – Party/Party – Exceptions to general rule that costs follow the event – application by plaintiffs for costs on indemnity basis – Offers of compromise/ Calderbank offers – where offer was made close in time to the commencement of the hearing – where offer failed to articulate with precision all relevant reasons why offer should be accepted – where it was not unreasonable for defendants to reject offer – costs on the ordinary basis to follow the event Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 NMFM Properties Pty Ltd v Citibank Ltd (No 2) (2001) 109 FCR 77 Category: Costs Parties: Ozzy States Pty Ltd (Plaintiff 1; Cross Defendant 1) JRNN Pty Ltd (Plaintiff 2; Cross Defendant 2) Norton Property Group Pty Ltd (Defendant 1; Cross Claimant) Christos Exarhos (Defendant 2) Representation: Counsel: Mr S Goodman SC (Plaintiff 2; Cross Defendant 2) Mr A Byrne (Defendants; Cross Claimant)