Outerbridge trading as Century 21 Plateau Lifestyle Real Estate v Hall (No 2) [2020] NSWDC 8

District Court New South Wales

Medium Neutral Citation: Outerbridge trading as Century 21 Plateau Lifestyle Real Estate v Hall (No 2) [2020] NSWDC 8 Hearing dates: On the papers Date of orders: 07 February 2020 Decision date: 07 February 2020 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Order (2) made on 3 December 2019 is confirmed subject to order (2) below. (2) The parties are each to pay their own costs in relation to the costs application. (3) Liberty to approach the Associate to Dicker DCJ within seven days to relist the matter if an alternative order to order (2) is sought. Catchwords: Costs – offer of compromise – whether offer compliant with the Rules – whether the court should otherwise order – whether different costs order should be made due to defendants' lack of success in relation to certain issues Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 Chawla v FAL Healthy Beverages Pty Ltd (No 2) [2017] NSWDC 304 Kain v Mobbs (No 2) [2008] NSWSC 599 Leach v The Nominal Defendant (QBE Insurance Australia Ltd) (No 2) [2014] NSWCA 391 Leichhardt Municipal Council v Green [2004] NSWCA 341 Network Ten Pty Ltd v TX Australia Pty Ltd (No 2) [2019] NSWCA 51 Nominal Defendant v Hawkins [2011] NSWCA 93 Northern Territory v Sangare [2019] HCA 25 Outerbridge trading as Century 21 Plateau Lifestyle Real Estate v Hall [2019] NSWDC 724 Perisher Blue Pty Ltd v Nair-Smith (No 2) [2015] NSWCA 268 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Toyota Finance Australia Ltd v Gardiner (No 2) [2016] NSWCA 181 Whitney v Dream Developments Pty Ltd [2013] 84 NSWLR 311; [2013] NSWCA 188 Category: Costs Parties: Noel Outerbridge trading as Century 21 Plateau Lifestyle Real Estate (First Plaintiff) Lynette Outerbridge trading as Century 21 Plateau Lifestyle Real Estate (Second Plaintiff) Brian Richard Hall (First Defendant) Marlene Ann Bentino (Second Defendant) Representation: Counsel: D Rayment (Plaintiffs) M Southwick (Defendants)