BHCP Pty LTD (ATF BHCP Trust) v Reliable Constructions (Australia) Pty Limited ACN 137 300 219 & Ors (2) [2020] NSWDC 508

District Court New South Wales

Medium Neutral Citation: BHCP Pty LTD (ATF BHCP Trust) v Reliable Constructions (Australia) Pty Limited ACN 137 300 219 & Ors (2) [2020] NSWDC 508 Hearing dates: 9 – 11 June 2020; 6 July 2020 (Trial) 6 August 2020 (Primary Judgment) Date of orders: 8 September 2020 Decision date: 08 September 2020 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) The cross-claimants pay the third to sixth cross-defendants' costs, other than in relation to the third to sixth cross-defendants' applications in regards to costs. (2) The third to sixth cross-defendants pay the cross-claimants' costs in relation to their applications in relation to costs. Catchwords: COSTS – Indemnity Costs – Calderbank offers – whether it was reasonable for the cross-claimants to reject the Calderbank offers made by the cross-defendants – whether awarding a lump sum assessment of costs is appropriate Legislation Cited: Uniform Civil Procedure Act 2005 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Beach Petroleum NL & Claremont Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 Hamod v New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 213 Penson v Titan National Pty Ltd (No 3) [2015] NSWA 121 Wentworth v Wentworth (NSWCA, Priestley, Clarke JJA and Grove AJA, 21 February 1996, unreported) Category: Costs Parties: Reliable Constructions (Australia) Pty Ltd (1st Cross-Claimant) Mr R. Coxon (2nd Cross-Claimant) Mrs A. Coxon (3rd Cross-Claimant)