Benson v Rational Entertainment Enterprises Ltd (No 2)

[2018] NSWCA 148

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Supreme Court proceedings
4. › Judgment for less than $500,000
5. › Whether commencement and continuation in Supreme Court warranted
6. › Foreign defendants unable to be served through District Court process
7. › Uniform Civil Procedure Rules 2005 (NSW), r 42.34
1. Practice and Procedure
2. › Costs
3. › Offers of compromise and Calderbank letters
4. › Offer addressed collectively to multiple defendants
5. › Whether offer affects costs discretion where plaintiff has no entitlement against some offerees
1. Practice and Procedure
2. › Costs
3. › Multiple defendants
4. › Single set of costs
5. › Whether costs order should be made against liable defendant only

Quick Take

Where defendants are foreign entities that cannot be served through District Court process, both the commencement and continuation of proceedings in the Supreme Court may be warranted for the purposes of UCPR r 42.34, particularly where the claims are neither legally nor factually straightforward.