Zepinic v Chateau Constructions (Aust) Ltd (No 4)

Court of Appeal

New South Wales

Case Title:

Zepinic v Chateau Constructions (Aust) Ltd (No 4)

Medium Neutral Citation:

[2014] NSWCA 383

Hearing Date(s):

On the papers

Decision Date:

07 November 2014

Before:

Emmett JA

Decision:

(1) In proceedings 2013/302149, order that Vito Zepinic and Milla Zepinic pay the respondent $67,000.

(2) In proceedings 2014/130563, order that Vito Zepinic pay the respondent $15,000.

(3) In proceedings 2013/345739, order that Vito Zepinic pay the respondent $50,000.

(4) In proceedings 2014/130569, order that Vito Zepinic pay the respondent $18,000.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

PROCEDURE - interlocutory applications - application for order for specified gross sum of costs

PROCEDURE - costs - application for indemnity costs - compliance of offers of compromise with the UCPR

Legislation Cited:

Civil Procedure Act 2005 (NSW), s 98(4)(c)
Uniform Civil Procedure Rules 2005 (NSW), rr 4.5, 20.26, 42.15A, 51.47

Cases Cited:

Calderbank v Calderbank [1975] 3 All ER 333
Hamod v State of New South Wales [2011] NSWCA 375
Zepinic v Chateau Constructions (Aust) Ltd (No 2) [2014] NSWCA 99

Category:

Interlocutory applications

Parties:

Vito Zepinic (Applicant / Appellant)
Milla Zepinic (Appellant)
Chateau Constructions (Aust) Ltd (Respondent)

Representation

- Counsel:

Counsel:
No appearance (Applicant / Appellant)
D J Fagan SC with B Ilovski (Respondent)

- Solicitors:

Solicitors:
No appearance (Applicant / Appellant)
Toomey Pegg Lawyers (Respondent)

File Number(s):

2013/302149; 2013/345739; 2014/130563; 2014/130569

Decision Under Appeal

- Before:

Darke J

- Citation:

Chateau Constructions (Aust) Ltd v Zepinic [2013] NSWSC 1326; Chateau Constructions (Aust) Ltd v Zepinic (No 3) [2013] NSWSC 1804

- Court File Number(s):

2009/290598; 2013/132492

Publication Restriction:

Nil

JUDGMENT

1. EMMETT JA: On 1 July 2014, for reasons that I then gave, I made orders in relation to four separate proceedings (see Zepinic v Chateau Constructions (Aust) Pty Ltd [2014] NSWCA 248). In these reasons, I shall use terms as defined in my earlier reasons.

2. I ordered on 1 July 2014 that Dr Zepinic and Mrs Zepinic pay Chateau's costs of the various proceedings, such costs to be assessed in a gross sum pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), that sum to be determined on the papers. Chateau had foreshadowed an application to that effect in notices of motion that it had filed and served. However, Chateau had not served affidavits relating to the quantification of the costs on Dr and Mrs Zepinic. Accordingly, I directed Chateau to serve the relevant affidavits at the addresses of Dr and Mrs Zepinic and by electronic means that had previously brought matters to their attention. On 10 September 2014, I made further orders providing, inter alia,…