About Life Pty Ltd v Maddocks Lawyers (No 2) [2021] NSWSC 1671

Supreme Court New South Wales

Medium Neutral Citation: About Life Pty Ltd v Maddocks Lawyers (No 2) [2021] NSWSC 1671 Hearing dates: On the papers. Last submissions 9 December 2021 Date of orders: 17 December 2021 Decision date: 17 December 2021 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Indemnity costs from Calderbank offer. Interests on costs from date of payment. Catchwords: COSTS – proceedings on foot for four years – $30 million claim – defendants make 'walk away' offer in 2020 and oppose further mediation – in pre-trial directions, Judge encourages compromise – insufficient time to further mediate – Calderbank offer made a week before the trial – plaintiffs discount claim by 55% – no reply – indemnity costs order made. INTEREST ON COSTS – defendants' negligence contributed to plaintiffs' financial problems and any inability to prosecute the proceedings with dispatch – interest payable on costs from date of payment. Legislation Cited: Civil Procedure Act 2005 (NSW), s 101 Cases Cited: About Life Pty Ltd v Kloczko [2020] NSWSC 1909 About Life Pty Ltd v Maddocks Lawyers [2021] NSWSC 1370 Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No 2) [2009] NSWCA 12 Broadway Plaza Investments Pty Ltd v Broadway Plaza Pty Ltd; In the matter of Combined Projects (Arncliffe) Pty Ltd (No 3) [2021] NSWSC 1537 Bryant v Hawkesbury Radio Communication Co-operative Society Ltd [2014] NSWSC 848 Drummond & Rosen Pty Ltd v Easey (No 2) [2009] NSWCA 331 ET Petroleum Holdings Pty Ltd v Clarenden Pty Ltd (No 2) [2005] NSWSC 562 Grace v Grace (No 9) [2014] NSWSC 1239 Herning v GWS Machinery Pty Ltd (No 2) [2005] NSWCA 375 Illawarra Hotel Company Pty Ltd v Walton Construction Pty Ltd (No 2) (2013) 84 NSWLR 436; [2013] NSWCA 211 Leichhardt Municipal Council v Green [2004] NSWCA 341 Perisher Blue Pty Ltd v Nair-Smith (No 2) [2015] NSWCA 268 Richtoll Pty Ltd v WW Lawyers (in Liquidation) Pty Ltd (No 3) [2016] NSWSC 1010 South West Helicopters Pty Ltd v Stephenson (No 2) (2018) 98 NSWLR 96; [2018] NSWCA 99 Woolworths Ltd v About Life Pty Ltd [2017] NSWSC 1117 Woolworths Ltd v About Life Pty Ltd (No 2) [2018] NSWSC 1340 Category: Costs Parties: About Life Pty Limited (First Cross-Claimant) Tammie Phillips (Second Cross-Claimant) Michael Green (Third Cross-Claimant) Thomas Beecroft (Fourth Cross-Claimant) Maddocks Lawyers (Cross-Defendants) Representation: Counsel: SG Connell (solicitor) (Cross-Claimants) K Lindeman (Cross-Defendants)