Ivan Lijic v Lydia Bocan [2018] NSWSC 911

Ivan Lijic v Lydia Bocan [2018] NSWSC 911

CMCT was reasonably joined and entitled to costs, but nothing in the parties’ conduct justifies indemnity costs or apportionment other than equal sharing between plaintiffs and first defendant; $23,000 is excessive and parties should negotiate a reasonable sum, with 60% of the claimed costs likely reasonable if agreement is not reached.

Jurisdiction
Australia
Judgment Date
18 June 2018
Procedural Posture
Costs Dispute Following Equity Proceedings / Determination of Costs After Settlement and Judgment on Agreed Terms
Outcome
Application for indemnity costs refused. Second defendant awarded ordinary party/party costs to be paid equally by plaintiffs and first defendant; quantum to be negotiated.
Legal Topics
['costs' 'party/party Costs' 'indemnity Costs' 'submitting Appearance' 'calderbank Offers']
['equity' 'civil Procedure'] ['costs' 'party/party Costs' 'indemnity Costs' 'submitting Appearance' 'calderbank Offers']

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Procedural Posture

Costs Dispute Following Equity Proceedings / Determination of Costs After Settlement and Judgment on Agreed Terms

Legal Issues

  1. 1 ['Whether it was reasonable to join CMCT to the proceedings' 'Whether CMCT should be entitled to indemnity costs' "How CMCT's costs should be apportioned between plaintiffs and first defendant" 'Whether the quantum of costs claimed by CMCT is reasonable']

Ratio Decidendi

CMCT was reasonably joined and entitled to costs, but nothing in the parties’ conduct justifies indemnity costs or apportionment other than equal sharing between plaintiffs and first defendant; $23,000 is excessive and parties should negotiate a reasonable sum, with 60% of the claimed costs likely reasonable if agreement is not reached.

Court Disposition

Application for indemnity costs refused. Second defendant awarded ordinary party/party costs to be paid equally by plaintiffs and first defendant; quantum to be negotiated.

Orders

  • ["The plaintiffs and first defendant are ordered to pay the second defendant's costs in equal shares." 'If parties cannot agree on quantum, court to make directions for fixing a gross sum costs order.']