Hawkesbury City Council v The Civil Experts Pty Ltd trading as TCE Contracting (No 2) [2023] NSWSC 1108

Supreme Court New South Wales

Medium Neutral Citation: Hawkesbury City Council v The Civil Experts Pty Ltd trading as TCE Contracting (No 2) [2023] NSWSC 1108 Hearing dates: On the papers Decision date: 12 September 2023 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: The Summons is dismissed and the plaintiff is to pay the first defendant's costs of the proceedings on the ordinary basis up to and including 21 July 2023 and thereafter on an indemnity basis. Catchwords: COSTS — Party/Party — Bases of quantification — Indemnity basis — Calderbank offer — Unreasonable rejection Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298; (2005) 13 VR 435 Hawkesbury City Council v The Civil Experts Pty Ltd trading as TCE Contracting [2023] NSWSC 962 Hobartville Stud Pty Ltd v Union Insurance Co Ltd (1991) 25 NSWLR 358 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Tati v Stonewall Hotel Pty Ltd (No 2) [2012] NSWCA 124 Category: Costs Parties: Hawkesbury City Council (Plaintiff) The Civil Experts Pty Ltd trading as TCE Contracting (First Defendant) Adjudicate Today Pty Ltd (Second Defendant) Scott Pettersson (Third Defendant) Representation: Counsel: B DeBuse (Plaintiff)

Solicitors: Marsdens (Plaintiff) Harrington Lawyers Pty Limited (First Defendant) Submitting Appearance (Second and Third Defendants) File Number(s): 2023/208261 Publication restriction: None