Realm Resources Ltd v Aurora Place Investments Pty Ltd (No 2) [2020] NSWSC 153

Supreme Court New South Wales

Medium Neutral Citation: Realm Resources Ltd v Aurora Place Investments Pty Ltd (No 2) [2020] NSWSC 153 Hearing dates: On the papers Date of orders: 27 February 2020 Decision date: 27 February 2020 Jurisdiction: Equity Before: Darke J Decision: Costs order in favour of defendant varied to include indemnity costs for the period from 4 October 2018 to 8 April 2019. Catchwords: COSTS – departure from the usual rule – offers of compromise made by defendant not accepted by plaintiff – defendant obtains judgment no less favourable than the terms of the offer – defendant prima facie entitled to indemnity costs – whether court should order otherwise – whether offer involved a genuine element of compromise – Uniform Civil Procedure Rules 2005 (NSW), r 42.15A Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.15A Cases Cited: Fabre v Lui (No 2) [2015] NSWCA 312 Mega-Top Cargo Pty Ltd v Moneytech Services Pty Ltd [2016] NSWCA 3 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Realm Resources v Aurora Place Investments Pty Ltd [2019] NSWSC 379 Toyota Finance Australia Ltd v Gardiner (No 2) [2016] NSWCA 181 UBS AG v Tyne [2018] HCA 45 Category: Costs Parties: Realm Resources Ltd (Plaintiff/Cross-Defendant) Aurora Place Investments Pty Ltd (Defendant/Cross-Claimant) Representation: Counsel: Mr C McMeniman (Plaintiff/Cross-Defendant) Mr S A Lawrance and Ms C Ernst (Defendant/Cross-Claimant)