Galati v GC NSW Pty Ltd (No 2) [2020] NSWSC 420

Supreme Court New South Wales

Medium Neutral Citation: Galati v GC NSW Pty Ltd (No 2) [2020] NSWSC 420 Hearing dates: On the papers Date of orders: 20 April 2020 Decision date: 20 April 2020 Jurisdiction: Equity Before: Robb J Decision: Orders:

(1) Enter judgment and verdict for the first plaintiff against the first defendant for damages of $10,979.41 plus interest pursuant to s 100 of the Civil Procedure Act 2005 (NSW) to the date of judgment of $1,683.70.

(2) Order the defendants to pay the plaintiffs' costs of the proceedings on the ordinary basis. Catchwords: CONTRACTS — Terms — Classification of terms – where evidence required to demonstrate claim of interest in agreement

COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers – where an extraneous term is required in the Calderbank offer – where not unreasonable for a party to reject that offer Legislation Cited: Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Galati v GC NSW Pty Ltd [2020] NSWSC 217 Griffith v Australian Broadcasting Corporation (No 2) [2011] NSWCA 145 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Tati v Stonewall Hotel Pty Ltd (No 2) [2012] NSWCA 124 Category: Costs Parties: Marcellina Galati (first plaintiff) VM Galati Super Fund Pty Ltd, ACN 617 338 548, as Trustee for VM Galati Super Fund (second plaintiff) Caterina Galati (third plaintiff) BMG Riverstone Pty Ltd, ACN 617 339 858, as Trustee for BMG Riverstone Property Trust (fourth plaintiff) Francesco Camera (fifth plaintiff) Barbara Camera (sixth plaintiff) Gregorio Galati (seventh plaintiff) Celeste Levingson (eighth plaintiff) GC NSW Pty Ltd (first defendant) Greencapital Development Pty Ltd (second defendant) Representation: Counsel: M Bennett (first to eighth plaintiffs) J Potts SC / A Langshaw (first and second defendants)