› proceedings discontinued against eighth and ninth defendants after appointment of receivers to second plaintiff
› whether costs should be payable in accordance with r 42.19 UCPR - whether appointment of receivers to second plaintiff was a supervening event
› where appointment of receivers due to default by second plaintiff
› appointment not a supervening event
› plaintiffs to pay eighth defendant’s costs
Costs
› where Calderbank offers served by eighth defendant at various stages of proceedings
› where indemnity costs sought after discontinuance - where plaintiffs did not act unreasonably in refusing Calderbank offer prior to appointment of receivers
› plaintiffs to pay eighth defendant’s costs on the ordinary basis
COSTS - agreements as to costs
› whether costs of the proceedings include costs of mediation
› no evidence of any agreement about costs at mediation
› costs of mediation form part of costs of the proceedings
Case Details
Citation[2024] NSWSC 1330
CourtNSWSC
JurisdictionNew South Wales
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