Smiths Specialised Building Services Pty Ltd v Brisull Industries Pty Ltd (No.2) [2021] NSWDC 373

District Court New South Wales

Medium Neutral Citation: Smiths Specialised Building Services Pty Ltd v Brisull Industries Pty Ltd (No.2) [2021] NSWDC 373 Hearing dates: On the papers Date of orders: 03 August 2021 Decision date: 03 August 2021 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 32 Catchwords: COSTS – application by successful plaintiff for indemnity costs entirely, or alternatively on indemnity basis from date of Calderbank Offer – whether Calderbank Offer constituted a genuine compromise Legislation Cited: Nil Cases Cited: Leichhardt Municipal Council v Green [2004] NSWCA 341 Miwa Pty Ltd v Siantan Properties Pte Ltd (No.2) [2011] NSWCA 344 NRMA Insurance for Nominal Defendant v Al-Bayati (No 2) [2019] NSWCA 14 Seller v Jones [2014] NSWCA 19 Smiths Specialised Building Services Pty Ltd v Brisull Industries Pty Ltd [2021] NSWDC 331 Texts Cited: Nil Category: Costs Parties: Smiths Specialised Building Services Pty Ltd (plaintiff/cross-defendant) Brisull Industries Pty Ltd (defendant/cross-claimant) Representation: Counsel: Mr D Birch for the plaintiff/cross-defendant Mr M Galvin for the defendant/cross-claimant

Solicitors: Malcolm Murray & Associates for the plaintiff/cross-defendant DPR Legal for the defendant/cross-claimant File Number(s): 2020/00126274 Publication restriction: Nil

COSTS Judgment

Background 1. On 21 July 2021, I published my reasons for judgment in this matter [1] and directed the plaintiff, the successful party, ("Smiths") to bring in short minutes. Smiths had sought opportunity to apply for a special costs order. 2. The parties are agreed as to the interest calculations on Smiths' monetary judgment. The full judgment (including interest and filing fees) is $42,450.72. I note that if the sum appears small, the proceeding was only brought into this Court because of the application by the defendant/cross-claimant ("Brisull") to transfer it into this Court after Smiths had filed its statement of claim in the Local Court.