Bassal v Savills (NSW) Pty Limited (No 2) [2020] NSWSC 27

Supreme Court New South Wales

Medium Neutral Citation: Bassal v Savills (NSW) Pty Limited (No 2) [2020] NSWSC 27 Hearing dates: On the papers (last submissions filed on 18 September 2019) Decision date: 03 February 2020 Jurisdiction: Common Law Before: N Adams J Decision: (1) Order 2 made on 24 July 2019 is varied such that the plaintiffs are to the pay the defendant's costs of these proceedings on an ordinary basis up to 30 September 2014 and thereafter on an indemnity basis.

(2) Each party is to pay its own costs of this motion. Catchwords: COSTS – joint venture agreement for construction of outlet shopping centre – where offer of settlement – indemnity costs – whether appropriate to make a gross sum costs order Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), Part 42, r 42.1, r 42.15A, r 42.5, Civil Procedure Act 2005 (NSW), s 98(1)(a), s 98(4)(c), s 101(4) Cases Cited: Bassal v Savills (NSW) Pty Limited [2019] NSWSC 696 Coshott v Parker (No. 3) [2015] NSWSC 1195 Fountain Selected Meat (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397; [1988] FCA 364 Hamod v State of New South Wales [2011] NSWCA 375 Hamod v State of New South Wales (2002) 188 ALR 659; [2002] FCA 424 Harvey v Barton (No 4) [2015] NSWSC 80 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Penson v Titan National Pty LT D (No 3) [2015] NSWCA 121 Category: Costs Parties: Terry Bassal (First Plaintiff) Albert Moutalb Bassal (Second Plaintiff) Savills (NSW) Pty Limited (Defendant) Representation: Counsel: Mr D Eardley (Plaintiffs) Mr T Marskell (Defendant)