Doyle v Webb (No.2) [2021] NSWDC 611

District Court New South Wales

Medium Neutral Citation: Doyle v Webb (No.2) [2021] NSWDC 611 Hearing dates: On the papers Date of orders: 15 November 2021 Decision date: 15 November 2021 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 19 Catchwords: COSTS – application by unsuccessful plaintiff for partial costs order – where amendment to defence occurred 3 weeks before hearing – application by successful defendant for partial indemnity costs – defendant served Rules Offer or alternatively, Calderbank Offer – judgment no less favourable to defendant Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) ss 83, 84A Uniform Civil Procedure Rules 2005 (NSW) rr 20.26, 42.1, 42.15A Cases Cited: Doyle v Webb [2021] NSWDC 581 Texts Cited: Nil Category: Costs Parties: Warren Doyle (plaintiff) Tammy Webb (defendant) Representation: Counsel: Mr F Curran for the plaintiff Mr J Guihot for the defendant

Solicitors: Carters Law Firm for the plaintiff Moray & Agnew for the defendant File Number(s): 2017/00241964

Judgment

Introduction 1. In this proceeding, featuring a claim for damages for personal injury following a motor vehicle accident, I delivered reasons for judgment on 28 October 2021. [1] 2. In the judgment, I rejected the plaintiff's claims for past and future economic loss. The only head of loss for which allowance was made was for past out of pocket expenses. As indicated at [220]-[221], allowance was made for the sum of $27,474.02, however that allowance was subject to two defences raised by the defendant's insurer pursuant to the Motor Accidents Compensation Act 1999 (NSW), concerning s 83 expenses paid ($26,306.31) and payments made under s 84A(3) ($22,500). 3. The parties were invited to confer on dispositive orders, including costs. The parties are unable to agree on those orders; although the dispute is centred on costs.