Galea v Farrugia (No 2) [2012] NSWSC 863

Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

1. 1 ['Whether indemnity costs should be awarded from a specified date due to rejection of offer of compromise' 'Whether late service of affidavit material justifies special costs orders' 'Whether conduct of plaintiffs or defendants warrants departure from ordinary costs orders']

Ratio Decidendi

First and second defendants were entitled to indemnity costs from 11.00am on 22 December 2010 as no exceptional circumstances justified ordering otherwise after plaintiffs rejected an offer of compromise. Third and fourth defendants were not entitled to indemnity costs as court did not find plaintiffs persisted in a hopeless case. Special costs orders against third and fourth defendants for late affidavit service and adjournment were warranted due to directly resulting additional costs incurred by plaintiffs.

Court Disposition

Principal costs orders from the original judgment are varied. Indemnity costs awarded to first and second defendants from specified date. Special costs orders against third and fourth defendants for late affidavits and adjournments. Various costs orders relating to notices of motion are made.

Orders

• ['Order 2 in para [166] of the principal judgment dated 21 February 2012 is vacated.' "Plaintiffs to pay first and second defendants' costs of the principal action on ordinary basis to 11.00am on 22 December 2010 and thereafter on indemnity basis." "Plaintiffs to pay third and fourth defendants' costs of the...