Left Bank Investments Pty Ltd v Ngunya Jarjum Aboriginal Corporation (No 2) [2019] NSWSC 1829

Supreme Court New South Wales

Medium Neutral Citation: Left Bank Investments Pty Ltd v Ngunya Jarjum Aboriginal Corporation (No 2) [2019] NSWSC 1829 Hearing dates: On the papers Date of orders: 18 December 2019 Decision date: 18 December 2019 Jurisdiction: Equity Before: Darke J Decision: Costs order varied to provide for the plaintiff to pay the defendant's costs on an indemnity basis from 27 July 2019. Catchwords: COSTS – departure from the general rule – offers of compromise – Calderbank letters – application by defendant for indemnity costs – defendant served a Calderbank offer early in the proceedings and an offer of compromise later in the proceedings – neither offer accepted by the plaintiffs – defendant succeeds on defence not raised until after Calderbank offer made – defendant obtains judgment more favourable than offers – whether offers constituted genuine compromises – whether unreasonable not to accept offers – indemnity costs ordered for period after date of offer of compromise Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 36.16, 42.15A Cases Cited: Left Bank Investments Pty Ltd v Ngunya Jarjum Aboriginal Corporation (2019) 19 BPR 98,890; [2019] NSWSC 1352 Croghan v Blacktown City Council [2019] NSWCA 248 Fairall v Hobbs (No 2) [2017] NSWCA 133 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Rolls Royce Industrial Power (Pacific) Ltd v James Hardie & Co Pty Ltd (2001) 53 NSWLR 626; [2001] NSWCA 461 Scott v Ennis-Oakes (No 2) [2019] NSWSC 1647 South Eastern Sydney Area Health Service v King [2006] NSWCA 2 Category: Costs Parties: Left Bank Investments Pty Ltd (Plaintiff) Ngunya Jarjum Aboriginal Corporation (Defendant) Representation: Counsel: Mr D A Allen (Plaintiff) Mr A Harding (Defendant)