NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Cole v Raykir Holdings Pty Ltd (No 2) [2019] NSWSC 1196 Hearing dates: On the papers Date of orders: 10 September 2019 Decision date: 10 September 2019 Jurisdiction: Equity Before: Darke J Decision: The defendants to pay the plaintiffs' costs of the proceedings on the ordinary basis up to and including 21 June 2019 and on an indemnity basis thereafter. Catchwords: COSTS – departure from the usual rule – application by the plaintiffs' for indemnity costs – Calderbank letters – whether the plaintiffs' Calderbank offer represented a genuine compromise – whether it was unreasonable for the defendants not to accept offer – indemnity costs awarded Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Cole v Raykir Holdings Pty Ltd [2019] NSWSC 1017 Commonwealth of Australia v Gretton [2008] NSWCA 117 Gray v Hobson (No 2) [2018] NSWCA 131 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2008] NSWCA 85 Leichhardt Municipal Council v Green [2004] NSWCA 341 Category: Costs Parties: Mitchell Edward Cole (First Plaintiff) Katherine Clare Cole (Second Plaintiff) Raykir Holdings Pty Ltd (First Defendant) Ekaterina Charonova (Second Defendant) Representation: Counsel: Mr T Flaherty (Plaintiffs) Mr P Cutler (Defendants)
Solicitors: Michael Flaherty Solicitors (Plaintiffs) Garry Pickering (Defendants) File Number(s): 2018/336602 Publication restriction: None
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