Moneytech Finance Pty Ltd v Diamond Made Pty Ltd (in Liquidation) and ors (No 2) [2019] NSWSC 1577

Supreme Court New South Wales

Medium Neutral Citation: Moneytech Finance Pty Ltd v Diamond Made Pty Ltd (in Liquidation) and ors (No 2) [2019] NSWSC 1577 Hearing dates: On the papers Date of orders: 15 November 2019 Decision date: 15 November 2019 Jurisdiction: Common Law Before: N Adams J Decision: (1) The first and second plaintiffs are to pay the sixth defendant's costs on an indemnity basis other than: (a) Those that appear to have been unreasonably incurred or appear to be of an unreasonable amount. (b) The costs order made by Campbell J on 20 November 2018. (2) The interest payable on the amount payable under the order for the payment of costs made today is to be calculated from 14 March 2019. Catchwords: COSTS – contract dispute – indemnity costs – Calderbank letters – whether genuine offer of compromise – whether proceedings conducted unreasonably – continued requests to clarify case – passage of two and a half years – relevance of delay Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(1)(a), s 98(1)(b) Uniform Civil Procedure Rules 2005 (NSW), r 20.6, r 20.24, r 20.26, rr 42.1-2, r 42.5, r 42.14 Cases Cited: Ananda Marga Pracaraka Samgha Ltd v Tamar (No 7) [2013] FCA 863 Calderbank v Calderbank [1975] 3 WLR 586 Chaina v Alvaro Homes Pty Ltd [2008] NSWCA 353 Jones v Bradley (No.2) [2003] NSWCA 258 Leach v Nominal (QBE Insurance (Australia) Ltd) (No 2) (2014) NSWCA 391 Leichardt Municipal Council v Green [2004] NSWCA 341 Luo v Carbone [2019] NSWSC 830 Moneytech Finance Pty Ltd v Diamond Made Pty Ltd [2017] NSWSC 836 Moneytech Finance Pty Ltd v Diamond Made Pty Ltd [2018] NSWSC 1785 Moneytech Finance Pty Ltd v Diamond Made Pty Ltd (in Liquidation) and ors [2019] NSWSC 259 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Veda Advantage Limited v Malouf Group Enterprises Pty Ltd (No 2) [2016] FCA 470 Category: Costs Parties: Moneytech Finance Pty Ltd (First Plaintiff) Diamond Made Trading Pty Ltd (Second Plaintiff) Diamond Made Pty Ltd (in Liquidation) (First Defendant) Andrew Kent Osborne (Sixth Defendant) Representation: Counsel: C D Wood (First and Second Plaintiff) S Robertson (Sixth Defendant)