Wirepa v Hill (No. 2) [2023] NSWSC 1654

Supreme Court New South Wales

Medium Neutral Citation: Wirepa v Hill (No. 2) [2023] NSWSC 1654 Hearing dates: 12 December 2023 Date of orders: 12 December 2023 Decision date: 12 February 2024 Jurisdiction: Equity Before: Slattery J Decision: Previous costs orders varied to award indemnity costs after 4 April 2023. Catchwords: COSTS – indemnity costs – Calderbank letters – orders made dismissing the plaintiff's proceedings with a costs order made against the plaintiff on the ordinary basis – stay granted on the orders for dismissal, provided the plaintiff complied with several procedural requirements designed to progress the proceedings – plaintiff fails to comply with the procedural requirements and proceedings are dismissed – two Calderbank letters served – whether the first Calderbank letter is effective – the second Calderbank letter stipulates for a term that the plaintiff will not disparage the defendant and that any settlement arising for acceptance of the letter will be kept confidential – discussion as to whether the second Calderbank letter is likely to be ineffective. Legislation Cited: Civil Procedure Act 2005, ss 61, 146 Conveyancing Act 1919, s 88K Uniform Civil Procedure Rules 2005, r 12.7 Cases Cited: Commonwealth v Gretton [2008] NSWCA 117 Leichardt Municipal Council v Green [2004] NSWCA 341 Ofrica v Cameron (No 2) [2008] NSWCA 242 Wirepa v Hill [2023] NSWSC 1394 Category: Costs Parties: Plaintiff: Silvana Liliana Wirepa First Defendant: Christopher James Hill Second Defendant: David Graham Hill Third Defendant: Richard Thomas McLeod Representation: Solicitors: Plaintiff: in person Defendants: A. du Maurier, Watson Webb lawyers File Number(s): 2022/336079 Publication restriction: No