Sze Tu v Jam Studios Pty Ltd; Jam Studios Pty Ltd v Sze Tu (No 2)

The dispute between Sze Tu and Jam Studios Pty Ltd involved the possession of land, rental arrears, and related matters. The case was heard in the Supreme Court of New South Wales. The plaintiff sought an order for possession of the property due to rental arrears, along with an award of mesne profits and interest payable. The defendants, represented by the plaintiff pro bono, disputed the claims and counterclaimed for damages.

The court was required to determine whether the plaintiff was entitled to an order for possession of the property, the amount of rental arrears, the calculation of mesne profits, and the interest payable on any money judgment in favour of the plaintiff. Additionally, the court had to decide whether the defendants' non-acceptance of a Calderbank offer was unreasonable and, if so, whether the plaintiff was entitled to indemnity costs.

The court found in favour of the plaintiff, awarding possession of the property and ordering the payment of rental arrears, mesne profits, and interest. The court held that the defendants' non-acceptance of a Calderbank offer was not unreasonable as there was no evidence to support such a finding. As a result, the plaintiff was not entitled to indemnity costs against the self-represented defendants. Instead, the court awarded costs on an ordinary basis.

The final orders included the granting of possession of the property to the plaintiff, payment of rental arrears, mesne profits, and interest by the defendants, and the awarding of costs on an ordinary basis to the plaintiff. The court did not grant indemnity costs to the plaintiff against the self-represented defendants.