Total and Universal Pty Ltd v Kingsway Property Investments (No. 2) Pty Ltd

[2007] NSWSC 581

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Costs
2. › order as to costs
3. › where plaintiff unsuccessful in proceedings
4. › where defendant initiated cross-claim against third party
5. › where cross-claim unsuccessful due to failure of original proceedings
6. › whether departure from default rule that costs follow the event warranted
7. › whether indemnity costs warranted
1. Costs
2. › order as to costs
3. › Calderbank letters
4. › where letter was invitation to surrender cast in the form of an offer of compromise
5. › invitation to surrender does not trigger an entitlement to indemnity costs
1. Costs
2. › order as to costs
3. › whether successful defendant should be denied costs
4. › conduct constituting alleged cause of action irrelevant in determining whether successful defendant should be denied costs
1. Costs
2. › order as to costs
3. › costs of successful cross-defendant
4. › where plaintiff unsuccessful in proceedings
5. › whether costs of successful cross-defendant should be borne by plaintiff or by defendant
6. › whether plaintiff rather than defendant ought to have joined cross-defendant to proceedings

Citation[2007] NSWSC 581

CourtNSWSC

JurisdictionNew South Wales

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