Farmer v Broadspectrum (Australia) Pty Ltd (No.3) [2024] NSWSC 53

Supreme Court New South Wales

Medium Neutral Citation: Farmer v Broadspectrum (Australia) Pty Ltd (No.3) [2024] NSWSC 53 Hearing dates: On the papers Date of orders: 16 February 2024 Decision date: 16 February 2024 Jurisdiction: Common Law Before: Garling J Decision: 1. Notice of Motion filed by the plaintiff on 7 November 2023 is dismissed. 2. Order the plaintiff to pay the defendants' costs of the Motion. Catchwords: COSTS – Offer of Compromise under UCPR, r 20.26 – whether Offers of Compromise complied with r 20.26 – Where an offer does not describe with precision what it is seeking with respect to costs. Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Calderbank v Calderbank [1975] 3 WLR 586 Farmer v Broadspectrum (Australia) Pty Ltd (No.2) [2023] NSWSC 1076 Whitney v Dream Developments Pty Ltd (2013) 84 NSWLR 311; [2013] NSWCA 188 Texts Cited: Not Applicable Category: Consequential orders Parties: William Farmer (P) Broadspectrum (Australia) Pty Ltd (D1) Wilson Security Pty Ltd (D2) Representation: Counsel: Mr M Cranitch SC / Mr Woods (P) Mr D Priestley SC (D1) Mr W Reynolds (D2)

Solicitors: SommervilleLaundryLomax (P) Gilchrist Connell (D1) JLN Corporate Services Pty Ltd (D2) File Number(s): 2018/00175460 Publication restriction: Not Applicable

JUDGMENT 1. On 28 September 2023, I delivered judgment on the claim brought by the plaintiff against the two defendants. I made the following orders: "1. Judgment for the plaintiff against the first defendant in the sum of $1,086,100. 2. Judgment for the plaintiff against the second defendant in the sum of $1,086,100. 3. Defendants to pay the plaintiff's costs of the proceedings." 1. My reasons for those orders are to be found in Farmer v Broadspectrum (Australia) Pty Ltd (No.2) [2023] NSWSC 1076. 2. I reserved liberty to apply to any party who sought a different costs order.