Kohkanzada v Amiri (No 2) [2024] NSWSC 704

Kohkanzada v Amiri (No 2) [2024] NSWSC 704

The second defendant is entitled to indemnity costs from 28 March 2018, being the date of a valid Calderbank offer, as he did better than the offer. The first defendant is entitled to costs for the period she was represented by solicitors, and there is no entitlement to an order under the Suitors' Fund Act 1951 (NSW) in the circumstances where the matter was not reached or adjourned.

Jurisdiction
Australia
Judgment Date
29 May 2024
Procedural Posture
Costs Application / Application for Variation of Costs Orders After Judgment
Outcome
Orders varied; indemnity and ordinary costs awarded as described; application under Suitors' Fund Act declined.
Legal Topics
['indemnity Costs' 'variation of Costs Orders' "application Under Suitors' Fund Act 1951 (nsw)"]
['costs'] ['indemnity Costs' 'variation of Costs Orders' "application Under Suitors' Fund Act 1951 (nsw)"]

Case Brief

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Procedural Posture

Costs Application / Application for Variation of Costs Orders After Judgment

Legal Issues

  1. 1 ['Whether the second defendant is entitled to indemnity costs from the date of a Calderbank offer' 'Whether the first defendant is entitled to costs for the period she was represented by solicitors' "Whether an order should be made under the Suitors' Fund Act 1951 (NSW)"]

Ratio Decidendi

The second defendant is entitled to indemnity costs from 28 March 2018, being the date of a valid Calderbank offer, as he did better than the offer. The first defendant is entitled to costs for the period she was represented by solicitors, and there is no entitlement to an order under the Suitors' Fund Act 1951 (NSW) in the circumstances where the matter was not reached or adjourned.

Court Disposition

Orders varied; indemnity and ordinary costs awarded as described; application under Suitors' Fund Act declined.

Orders

  • ["Order 3 made on 1 May 2024 is to be varied: Plaintiff to pay the second defendant's costs up to and including 14 April 2018 on an ordinary basis, and from 15 April 2018 on an indemnity basis." "The plaintiff is to pay the first defendant's costs for the period when the first defendant was represented by solicitors...