Metri v Nestlé Australia Ltd (No 2) [2021] NSWSC 518

Supreme Court New South Wales

Medium Neutral Citation: Metri v Nestlé Australia Ltd (No 2) [2021] NSWSC 518 Hearing dates: On the papers Decision date: 12 May 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the first defendant to pay the plaintiff's costs of the proceedings on the ordinary basis up until and including 10 November 2017 and on an indemnity basis thereafter. (2) Order the first defendant/cross-claimant to pay the second defendant/cross-defendant's costs of the proceedings, which comprises its costs of the cross-claim and of defending the plaintiff's claim. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise compliant with Uniform Civil Procedure Rules 2005 (NSW), r 20.26 — No reason to depart from consequence provided for by Uniform Civil Procedure Rules 2005 (NSW), r 42.14 — Public interest in early and efficient disposal of proceedings COSTS — Cross-claim — Whether first defendant ought bear costs of second defendant — Order made Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Motor Accidents Compensation Act 1999 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.1, 42.14 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Leach v The Nominal Defendant (QBE Insurance (Australia) Ltd) (No 2) [2014] NSWCA 391 Metri v Nestlé Australia Ltd [2021] NSWSC 343 South Eastern Sydney Area Health Service v King [2006] NSWCA 2 The Nominal Defendant v Cordin [2019] NSWCA 85; (2019) 88 MVR 410 Category: Costs Parties: Toufic Metri (Plaintiff) Nestlé Australia Ltd (First Defendant / Cross-claimant) Linde Material Handling Pty Limited (Second Defendant / Cross-defendant) Representation: Counsel: M Cranitch SC / T Hickey (Plaintiff) G Parker SC / D O'Dowd (First Defendant / Cross-claimant) M McCulloch SC / T Berberian (Second Defendant / Cross-defendant)