Gazcorp Pty Ltd v Woolworths Group Ltd (No 2) [2021] NSWSC 559

Supreme Court New South Wales

Medium Neutral Citation: Gazcorp Pty Ltd v Woolworths Group Ltd (No 2) [2021] NSWSC 559 Hearing dates: On the papers Date of orders: 18 May 2021 Decision date: 18 May 2021 Jurisdiction: Equity Before: Darke J Decision: Costs orders made in favour of plaintiff and cross-defendants, including indemnity costs in respect of plaintiff's costs after date of offer of compromise. Catchwords: COSTS – offers of compromise – plaintiff made offer to defendant to settle plaintiff's claim – offer conditional upon acceptance of another offer in relation to defendant's cross-claim – defendant failed to accept offers – plaintiff obtained judgment on its claim that was no less favourable than the terms of its offer – Uniform Civil Procedure Rules 2005 r 42.14 applied so that unless the Court orders otherwise the plaintiff is entitled to ordinary costs up to the date of the offer and indemnity costs thereafter – no good reason to order otherwise COSTS – offers of compromise – cross-defendants made offer to cross claimant to settle cross-claimant's claim – term of offer that judgment be entered for cross-defendants – cross-claim discontinued following a narrowing of plaintiff's case – cross-claim would have failed had it continued – cross-defendants entitled to order for costs on the ordinary basis – no entitlement to indemnity costs because cross-defendants did not obtain an order on the cross-claim no less favourable to them than the terms of the offer Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 Uniform Civil Procedure Rules 2005 (NSW) rr 20.26, 42.14, 42.15A, 42.19 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Warwick Green Building Pty Ltd v Woodward [2021] NSWSC 362 Category: Costs Parties: Gazcorp Pty Ltd (Plaintiff/First Cross-Defendant) Woolworths Group Ltd (Defendant/Cross-Claimant) Nicholas Gazal (Second Cross-Defendant) Representation: Counsel: Mr C McMeniman (Plaintiff/Cross-Defendants) Ms M Cairns with Ms A Reid (Defendant/Cross-Claimant)