Norcross Pictorial Calendars Pty Ltd v Central Coast Council (No 2) [2020] NSWSC 1409

Supreme Court New South Wales

Medium Neutral Citation: Norcross Pictorial Calendars Pty Ltd v Central Coast Council (No 2) [2020] NSWSC 1409 Hearing dates: On the papers Date of orders: 13 October 2020 Decision date: 13 October 2020 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Claim made by first plaintiff is dismissed; Enter judgment that the defendant pay the second plaintiff $913,439; Defendant pay the second plaintiff pre-judgement interest; Cross-claim is dismissed; Defendant to pay the plaintiffs' costs of the proceeding (save for costs incidental to the preparation of the court book and the experts reports detailed in [22](5)) and the costs incurred in respect of the asbestos and acid sulphate soil claims to be paid on an indemnity basis; Defendant to pay plaintiffs' interest on costs and disbursements Catchwords: COSTS – whether plaintiff should have the costs of preparing evidence not served or tendered COSTS – indemnity costs - effect of contractual indemnity COSTS – interest – whether delay disentitles successful plaintiff to interest on judgment Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bennett v Jones [1977] 2 NSWLR 355 Falkner v Bourke [1990] 19 NSWLR 574 Kalls Enterprises Pty Limited (in liquidation) v Baloglow (No 3) [2007] NSWCA 298 Lahoud v Lahoud [2006] NSWSC 126 Norcross Pictorial Calendars Pty Ltd v Central Coast Council [2018] NSWSC 1475 Norcross Pictorial Calendars Pty Ltd v Central Coast Council [2020] NSWSC 1201 Category: Consequential orders (other than Costs) Parties: Norcross Pictorial Calendars Pty Ltd (First Plaintiff) PTL Land Pty Ltd (Second Plaintiff) Central Coast Council (Defendant) Representation: Counsel: M Condon SC with N Bentley (Plaintiffs) E A Walker (Defendant)