Plaintiff A and B v Bird; Plaintiff C v Bird; Plaintiff D v Bird [2020] NSWSC 1680

Supreme Court New South Wales

Medium Neutral Citation: Plaintiff A and B v Bird; Plaintiff C v Bird; Plaintiff D v Bird [2020] NSWSC 1680 Hearing dates: On the Papers Decision date: 25 November 2020 Jurisdiction: Common Law Before: Schmidt AJ Decision: The parties should file final orders reflecting these conclusions and dealing with the other outstanding matters referred to in the submissions, within 7 days. Catchwords: COSTS – application for indemnity costs – r 42.14 UCPR – where plaintiffs' offer of compromise not accepted and plaintiffs obtain judgment no less favourable – where plaintiffs made significant changes to their case after the offer of compromise was made – where offer of compromise was made one business day before hearing in a complex matter – application for indemnity costs refused COSTS – plaintiffs sought costs order in respect of expert reports not relied upon at trial – order refused Legislation Cited: Civil Procedure Act 2005 (NSW) ss. 98(1)(b), 99 Uniform Civil Procedure Rules 2005 (NSW) rr. 20.26(4), 42.1, 42.4, 42.14 Cases Cited: Gray v Hobson (No 2) [2018] NSWCA 131 Ko v CKAS Enterprises Pty Ltd (No 2) [2019] NSWSC 209 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2008] NSWCA 85 Leda v Weerden (No 3) [2006] NSWSC 220 Maitland Hospital v Fisher [No 2] (1992) 27 NSWLR 721 Plaintiff A & B v Bird [2016] NSWSC 997 Port Kembla Coal Terminal Ltd v Construction, Forestry, Mining and Energy Union (NSW Branch) (No 2) (2014) 88 NSWLR 471; [2014] NSWIC 3 South Eastern Sydney Area Health Service v King [2006] NSWCA 2 Plaintiff A and B v Bird; Plaintiff C v Bird; Plaintiff D v Bird [2020] NSWSC 1379 Category: Costs Parties: A (1st Plaintiff) B (2nd Plaintiff) C (3rd Plaintiff) D (4th Plaintiff) Rodney Raymond Bird (1st Defendant) Lisa Maree Clancy (2nd Defendant) Little Pigeon t/as Footprints Childcare Centre (3rd Defendant) Representation: Counsel: C Barry QC with M Tanevski and M Hamdan (1st, 2nd, 3rd and 4th Plaintiffs) C Heazlewood (1st Defendant) A Horvath with R McEwen (2nd and 3rd Defendants) Solicitors: Shine Lawyers (1st, 2nd, 3rd and 4th Plaintiffs) EMP Michael (1st Defendant) Norton Rose Fulbright (2nd and 3rd Defendants) File Number(s): 2013/375445; 2013/375437; 2020/65223