McCabe v Riechelmann (No 2) [2023] NSWDC 201

District Court New South Wales

Medium Neutral Citation: McCabe v Riechelmann (No 2) [2023] NSWDC 201 Hearing dates: 24 March 2023 (written submissions); 12 April 2023 (written submissions); 24 April 2023 (written submissions); 12 May 2023; 16 May 2023 (written submissions and oral submissions) Date of orders: 8 June 2023 Decision date: 08 June 2023 Jurisdiction: Civil Before: Dicker SC DCJ Decision: 1. The parties are to bring in agreed short minutes of order consistent with these reasons within 7 days. 2. Liberty to apply within 7 days. Catchwords: COSTS – costs of lengthy hearing where Cross-Claim proceedings were dismissed and the plaintiff was successful in obtaining relatively modest damages – Calderbank offers and offers of compromise – matter transferred by consent from the Local Court - whether the Court should "otherwise order" in relation to indemnity costs – solicitor plaintiff allegedly providing legal services to himself – damages awarded to plaintiff under $10,000 – limitations on award of costs Legislation Cited: Civil Procedure Act 2005 (NSW) Civil Procedure Regulation 2017 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AB v Keanes (No 2) [2019] NSWDC 765 Ballam v Ferro (No 2) [2022] NSWSC 1358 Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29; (2019) 269 CLR 333 Calderbank v Calderbank [1975] 3 All ER 333 Carter v Mehmet (No 3) [2022] NSWCA 64 Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross [2012] HCA 56; (2012) 248 CLR 378 McCabe v Riechelmann [2023] NSWDC 44 McInnes v Rheem Australia Pty Limited [2021] NSWCA 89 Morgan v Johnson [1998] NSWSC 367; (1998) 44 NSWLR 578 New South Wales v Williamson [2012] HCA 57; (2012) 248 CLR 417 Northern Territory v Sangare [2019] HCA 25; (2019) 265 CLR 164 Outerbridge trading as Century 21 Plateau Lifestyle Real Estate v Hall (No 2) [2020] NSWDC 8 Sims v The Commonwealth (No 2) [2023] NSWCA 30 Sze Tu v Low (No 2) [2015] NSWCA 91 Todorovska v Brydens Lawyers Pty Ltd (2022) NSWCA 47 Category: Costs Parties: David Terance McCabe (Plaintiff) Julie Riechelmann (Defendant) Representation: Counsel: J Dodd (Plaintiff) J Morris SC and M Bridger (Defendant)