Richard Gillam v Cumberland Council (No 2) [2021] NSWDC 539

District Court New South Wales

Medium Neutral Citation: Richard Gillam v Cumberland Council (No 2) [2021] NSWDC 539 Hearing dates: Plaintiff's written submissions 5 October 2021 Defendant's written submissions 16 September 2021 Date of orders: 8 October 2021 Decision date: 08 October 2021 Jurisdiction: Civil Before: Hatzistergos DCJ Decision: In lieu of order 2 made on 23 August 2021 the Plaintiff is to pay the Defendant's costs on an ordinary basis to 22 September 2020 and on an indemnity basis thereafter from 23 September 2020 Catchwords: COSTS –– Consideration of UCPR 20.26 and 42.15A – Where the Plaintiff failed to establish liability in principal proceedings and the Defendant sought indemnity costs following three offers of compromise not accepted by the Plaintiff – Where the Plaintiff submitted that it did not act unreasonably and Court should otherwise order – Whether the Plaintiff acted reasonably relevant but not sufficient to displace UCPR 42.15A – Circumstances not shown to be such that the Court should otherwise order Legislation Cited: Civil Procedure Act 2005 (NSW), s 88 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26. 42.15A Cases Cited: Calderbank v Calderbank [1975] All ER 333 Fabre v Lui (No 2) [2015] NSWCA 312 Houatchanthara v Bednarczyk [1996] NSWCA 253 Leach v The Nominal Defendant (QBE Insurance (Australia) Ltd) (No 2) [2014] NSWCA 391 Leichhardt Municipal Council v Green [2004] NSWCA 341 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 Shaw v Jarldorn [1999] SASC 529 The Uniting Church v Takacs (No 2) [2008] NSWCA 172 Category: Costs Parties: Richard Gillam (Plaintiff) Cumberland Council (Defendant) Representation: Counsel: J.Malouf (Plaintiff) R.Gambi (Defendant)