Anderson v State of New South Wales (No. 2) and Perri v State of New South Wales [2022] NSWDC 456

District Court New South Wales

Medium Neutral Citation: Anderson v State of New South Wales (No. 2) and Perri v State of New South Wales [2022] NSWDC 456 Hearing dates: On the papers Date of orders: 07 October 2022 Decision date: 07 October 2022 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) That the plaintiffs pay the defendant's costs on an ordinary basis until and including 20 April 2022 (2) That the plaintiffs pay the defendant's costs on an indemnity basis thereafter Catchwords: COSTS - Party/Party – Costs awarded to defendant - Ordinary and Indemnity basis – Unreasonable rejection of offer Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), Pt 42.15A(2), r 20.26 Cases Cited: Leach v Nominal Defendant (QBE Insurance (Australia) Ltd) (No 2) [2014] NSWCA 391 Category: Procedural rulings Parties: Plaintiff in proceedings 2021/202184: Jade Michael Anderson Plaintiff in proceedings 2021/202174: Blade Perri Defendant: State of New South Wales Representation: Counsel: Plaintiffs: Mr A C Canceri Defendant: Mr A Williams

Solicitors: Plaintiffs: Aussie Lawyers Defendant: Norton Rose Fulbright Australia File Number(s): 2021/202184; 2021/202174

Judgment 1. On 16 September 2022, I delivered judgment in these proceedings and announced my intention to make orders as follows: In each of the proceedings there be orders: (1) That there be judgment and verdict for the defendant against the plaintiff. (2) That the plaintiff pay the defendant's costs. 1. The defendant then foreshadowed an application to vary the proposed costs order, and I made further orders in Court on 16 September 2022 in the following terms: (3) That any party wishing to be heard on the issue of costs notify my associate of that fact on or before 4:00pm on 20 September 2022 ("Notification"). (4) That in the event of Notification, the notifying party shall file and serve any evidence and submissions on the issue of costs on or before 4:00pm on 23 September 2022. (5) That the non-notifying party file and serve any evidence and submissions which it wishes to make on the issue of costs on or before 4:00pm on 29 September 2022. (6) That the notifying party file and serve any submissions in reply on or before 4:00pm on 4 October 2022. (7) That the filing of the documents referred to in orders (4), (5), and (6) be effected by way of email transmission to my associate. (8) That any issue as to costs be decided on the papers. (9) That in the absence of Notification, the Court will order no order as to costs. 1. By submissions filed on 25 September 2022, the defendant sought to vary the proposed costs order, by seeking the following orders: 1. The plaintiff is to pay the costs and disbursements of the defendant on an ordinary basis until and including 20 April 2022; 2. The plaintiff is to pay the costs and disbursements of the defendant on an indemnity basis thereafter; and 3. In each case the costs and disbursements are to be paid as agreed or assessed. 1. As an alternate position, the defendant submitted that the proposed costs orders should be varied as follows: 1. The plaintiff is to pay the costs and disbursements of the defendant on an ordinary basis until and including 25 August 2022; 2. The plaintiff is to pay the costs and disbursements of the defendant on an indemnity basis thereafter; 3. In each case the costs and disbursements are to be paid as agreed or assessed. 1. The defendant sought these orders in the alternative, depending upon whether the plaintiffs raised objections to the form of the 20 April 2022 offer. In fact, they did not.