NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Salih v Emirates (No 3) [2019] NSWDC 770 Hearing dates: 27 November 2019 (formal application made); Otherwise on the papers Date of orders: 20 December 2019 Decision date: 20 December 2019 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The oral application of the defendant for indemnity costs is rejected. (2) The costs order made on 27 November 2019 is confirmed. (3) The parties should confer as to the costs of the application. If agreement is reached, proposed consent orders should be forwarded to the Associate to Dicker DCJ. If agreement cannot be reached, I grant leave to approach my Associate to relist the matter on 2 business days' notice. Catchwords: Costs – application for indemnity costs based on Calderbank letter – extent of the offer made Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 WLR 586 Gray v Hobson (No 2) [2018] NSWCA 131 Salih v Emirates (No 2) [2019] NSWDC 715 Zhang v Harmstorf (No 2) [2019] NSWDC 116 Category: Costs Parties: Gul Salih (Plaintiff) Emirates (Defendant) Representation: Counsel: C Stewart (Plaintiff) D Stanton (Defendant)
Solicitors: AJB Stevens Lawyers (Plaintiff) Norton White (Defendant) File Number(s): 2018/00319062
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