Greentree v Blacktown City Council (No 2) [2021] NSWDC 486

District Court New South Wales

Medium Neutral Citation: Greentree v Blacktown City Council (No 2) [2021] NSWDC 486 Hearing dates: On the papers Date of orders: 15 September 2021 Decision date: 15 September 2021 Jurisdiction: Civil Before: Wilson SC DCJ Decision: 1. I vary Order at [34](b) of judgment delivered 16 July 2021 as to costs; 2. I order that the plaintiff is to pay the defendant's costs on an ordinary basis to 6 May 2021, and thereafter on an indemnity basis; 3. the plaintiff is to pay the defendant's costs of and incidental to the notice of motion filed 12 August 2021. Catchwords: CIVIL – costs – Calderbank letter – whether costs should be ordered on an indemnity basis Legislation Cited: Civil Procedure Act 2006 (NSW) s 98(1)(c) Legal Profession Uniform Law Application Act 2014 (NSW) Schedule 1 Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Chief Commissioner of State Revenue v Platinum Investments Management Ltd (No. 2) [2011] NSWCA 197 Commissioner of State Revenue v Challenger Listed Investments Ltd (No. 2) [2011] VSCA 398 Favotto Family Restaurants Pty Ltd v Chief Commissioner of State Revenue (No. 2) [2020] NSWSC 519 Elite Protective Personnel Pty Ltd v Salmon [2007] NSWCA 322 Jainti Pty Ltd v Fraser Panorama Pty Ltd (No. 2) [2021] NSWSC 965 Miwa Pty Ltd v Siantan Properties Ptd Ltd (No. 2) [2011] NSWCA 344 Texts Cited: None Category: Costs Parties: Pamela Greentree (Plaintiff) Blacktown City Council (Defendant) Representation: Counsel: Mr P Macarounas (Plaintiff) Mr S Glascott (Defendant)