LANDLORD AND TENANT - leases - no express term as to when contribution to outgoings became due - contribution to be paid within reasonable time - reasonable time was within 30 days of delivery of invoices - no evidence of variation of lease with respect to payment of interest
COSTS - exceptions to the general rule that costs follow the event - multiple issues - partial success - success or failure on each type of charge had separate monetary consequence - costs significantly increased by separate issues raised by late amendments - lessee ordered to pay two-thirds of costs of account
COSTS - exceptions to the general rule that costs follow the event - where offer of compromise or Calderbank letter - no reference to claim for interest in offer - failure to accept offer not unreasonable - offer ambiguous - acceptance of offer would not have resolved underlying dispute - non-acceptance of offer not affect appropriate costs order made
COSTS - application for indemnity costs to give effect to terms of lease - lease did not require payment of costs on indemnity basis
Case Details
Citation[2012] NSWSC 517
CourtNSWSC
JurisdictionNew South Wales
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