Ellis v Amari Metals Australia Pty Ltd t/as Atlas Steels Pty Ltd (No 2) [2020] NSWDC 699

District Court New South Wales

Medium Neutral Citation: Ellis v Amari Metals Australia Pty Ltd t/as Atlas Steels Pty Ltd (No 2) [2020] NSWDC 699 Hearing dates: On the papers Plaintiff's Submissions – 2 October 2020 Defendant's Submissions – 15 October 2020 Plaintiff's Submissions in Reply – 19 October 2020 Decision date: 16 November 2020 Jurisdiction: Civil Before: Hatzistergos DCJ Decision: The orders of the Court are as follows: (1) The Defendant is to pay the Plaintiff's costs on an ordinary basis up to and including 28 May 2020; (2) Thereafter, the Defendant is to pay the Plaintiff's costs on an indemnity basis. Catchwords: COSTS – Plaintiff successful at hearing – Offer of Compromise by the Plaintiff – Offer open for 7 days prior to the commencement of hearing – Offer less than that obtained in judgment – Whether offer open for a reasonable time in the circumstances – Defendant did not request for an extension of time to consider the offer – Whether court should otherwise exercise discretion as to costs – Where the main contention at hearing was primary liability and contributory negligence Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rules 20.26, 42.14, 42.15 Cases Cited: County Securities Pty Limited v Challenger Group Holdings Pty Limited (No 2) [2008] NSWCA 273 Gray v Hobson (No 2) [2018] NSWCA 131 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No. 2) [2008] NSWCA 85 Leda v Weerden [2006] NSWSC 220 Texts Cited: Taylor, Peter (eds), Ritchie's Uniform Civil Procedure New South Wales, LexisNexis Butterworths, Australia, 2006 Category: Costs Parties: Mark Ellis (Plaintiff) Amari Metals Australia Ltd trading as Atlas Steels Pty Ltd (Defendant) Representation: Counsel: Mr D Campbell SC with Mr J Ryan (Plaintiff) Mr A Combe (Defendant)