Ganassin v Ulan Coal Mines Limited (No 2) [2020] NSWDC 840

District Court New South Wales

Medium Neutral Citation: Ganassin v Ulan Coal Mines Limited (No 2) [2020] NSWDC 840 Hearing dates: 27 November 2020 Date of orders: 27 November 2020 Decision date: 27 November 2020 Jurisdiction: Civil Before: Hatzistergos DCJ Decision: (1) Verdict and judgment for the Plaintiff in the sum of $617,468.89 (2) The Defendant in partial satisfaction of the judgment sum to have credit for the sum of $26,283.48 (for workers' compensation weekly benefits and medical expenses) (3) The Defendant is to pay the Plaintiff's costs as agreed or assessed being party/party costs until 15 May 2020 and indemnity costs thereafter. Catchwords: COSTS – Where Plaintiff was successful at first instance – Outstanding calculations to be determined by the parties – Not in dispute that the Defendant is to be credited for past payments of workers' compensation benefits and medical expenses – Where Plaintiff served an offer of compromise on the Defendant before the trial – Costs in dispute – Whether UCPR 42.14 was engaged – Whether Plaintiff's offer was a genuine compromise – Whether the time allowed for acceptance was reasonable in the circumstances –– Whether it was unreasonable for the Defendant to reject the offer Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), 20.26, 42.14 Cases Cited: Kohee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2008] NSWCA 85 Leach v The Nominal Defendant (QBE Insurance (Australia) Ltd) (No 2) [2014] NSWCA 391 Leichhardt Municipal Council v Green [2004] NSWCA 341 Maitland Hospital v Fisher (No 2) (1992) 27 NSWLR 721 Manly Council v Byrne and Anor (No 2) [2004] NSWCA 227 Martinez as trustee for Martinez HWL Practice Trust as representative of the partners trading as HWL Ebsworth Lawyers v Griffiths as trustee for the Griffiths HWL Practice Trust (No 2) [2020] NSWCA 42 NSW Insurance Ministerial Corporation v Reeve (1993) 42 NSWLR 100 Shaw v Jarldorn (1999) 76 SASR 28 The Nominal Defendant v Cordin [2019] NSWCA 85; (2019) 88 MVR 410 The Uniting Church v Takacs (No 2) [2008] NSWCA 172 Category: Costs Parties: Roberto Ganassin (the Plaintiff) Ulan Coal Mines Limited (the Defendant) Representation: Counsel: Mr R. O'Keefe (Plaintiff) Mr L. King SC (Defendant)