ADH Plumbing Pty Ltd v Glenashka Pty Ltd as Trustee of the Colin Henry Wilson Trading Trust trading as Wilsons Betamix Goonumbla Quarry & Wilsons Betamix Concrete and Another (No 2) [2020] NSWDC 790

District Court New South Wales

Medium Neutral Citation: ADH Plumbing Pty Ltd v Glenashka Pty Ltd as Trustee of the Colin Henry Wilson Trading Trust trading as Wilsons Betamix Goonumbla Quarry & Wilsons Betamix Concrete and Another (No 2) [2020] NSWDC 790 Hearing dates: 26 November 2020 Date of orders: 16 December 2020 Decision date: 16 December 2020 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The applications of the defendant K & H Geotechnical Services Pty Ltd for indemnity costs orders are rejected. (2) Pursuant to s 98(2) of the Civil Procedure Act 2005 (NSW), Mr Adam Hewes is jointly and severally liable to the defendant for the defendant's costs of the proceedings, as agreed or assessed. (3) The plaintiff and the defendant are each to pay their own costs of the application heard on 26 November 2020. (4) Liberty to apply within 7 days in relation to Order (3). Catchwords: COSTS – application for indemnity costs based on Calderbank letters – application for a costs order against a third party director of the plaintiff Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Botany Bay City Council v Latham (No 2) [2013] NSWCA 450 Calderbank v Calderbank [1975] 3 WLR 586; [1975] 3 All ER 333 FPM Constructions Pty Ltd v City of the Council of the Blue Mountains [2005] NSWCA 340 Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 Knight v FP Special Assets Ltd (1993) 174 CLR 178; [1992] HCA 28 Leichardt Municipal Council v Green [2004] NSWCA 341 Loulach Developments Pty Ltd v Roads and Maritime Services (No 2) [2019] NSWSC 601 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Taheri v Vitek (No 2) [2014] NSWCA 344 Whitney v Dream Developments Pty Ltd [2013] NSWCA 188; (2013) 84 NSWLR 311 Zhang v Harmsdorf (No 2) [2019] NSWDC 116 Category: Costs Parties: ADH Plumbing Pty Ltd (Plaintiff) K & H Geotechnical Services Pty Ltd (Second Defendant) Representation: Counsel: P Wallis (Plaintiff) D Elliott (Second Defendant)