Ivan Lijic v Lydia Bocan

Ivan Lijic commenced proceedings against Lydia Bocan and another defendant, asserting claims of trespass and nuisance arising from an alleged unlawful construction of a fence. The case was heard in the Supreme Court of Queensland. The defendants responded, with the second defendant, Lydia Bocan, making a submitting appearance. The court was tasked with determining the allocation of costs between the parties, considering the second defendant's submitting appearance, the basis for quantifying costs, and the effect of a Calderbank offer.

The court addressed the issue of whether the second defendant was entitled to costs on an indemnity basis, given its submitting appearance. The court found that a party who makes a submitting appearance is generally not entitled to indemnity costs, as this would undermine the purpose of the submitting appearance. The court also considered whether the indemnity costs claimed by the second defendant were excessive, and concluded that they were. Consequently, the second defendant was not entitled to indemnity costs. Furthermore, the court examined the effect of a Calderbank offer made by the second defendant on the costs order, determining that it did not entitle the second defendant to indemnity costs.

In making its costs order, the court held that the first defendant and the plaintiffs should bear the second defendant's costs in equal shares. This decision was based on the court's discretion in considering the circumstances of the case, including the second defendant's submitting appearance and the unsuccessful indemnity costs claim. The court found that the first defendant and plaintiffs should share the second defendant's costs equally, reflecting the court's assessment of the overall fairness and reasonableness of the costs distribution.