Riechelmann v McCabe (No 2) [2024] NSWCA 62

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Riechelmann v McCabe (No 2) [2024] NSWCA 62 Hearing dates: On the papers Date of orders: 20 March 2024 Decision date: 20 March 2024 Before: Mitchelmore JA; Kirk JA; Stern JA Decision: (1) The Registrar of this Court is directed to refer the papers in this proceeding to the Office of the Legal Services Commissioner. (2) Order 4 made by this Court on 23 February 2024 is varied so that it reads as follows: "As regards costs of the proceedings in the District Court, orders 2 and 3 made by that Court on 20 July 2023 in relation to costs of the cross-claim are set aside, and in lieu thereof it is ordered that the cross-defendant pays 75% of the cross-claimant's costs of the cross-claim." (3) The appellant's application for indemnity costs in prayer 1 of her notice of motion filed on 8 March 2024 is dismissed. (4) There is no order as to costs in relation to the parties' applications to vary this Court's orders as made on 23 February 2024. Catchwords: COSTS – Late substantial amendment to cross-claim – Amendment would have been vigorously fought even if made earlier – Allowance made for lengthening of hearing caused COSTS – Indemnity costs application rejected – Purported offer of compromise and Calderbank offer Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.1, 42.13A(3) Cases Cited: Australian Prudential Regulation Authority v Holloway [2000] FCA 1245; (2000) 35 ACSR 276 Beoco Ltd v Alfa Laval Co Ltd [1993] EWCA Civ 22; [1995] QB 137 Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (No 2) [2014] NSWCA 425 Riechelmann v McCabe [2024] NSWCA 37 Vero Insurance Ltd v Australian Prestressing Services Pty Ltd (No 2) [2014] NSWCA 8 Category: Costs Parties: Julie Riechelmann (Appellant) David Terance McCabe (Respondent) Representation: Counsel: J Morris SC with M Bridger (Appellant) J W Dodd (Respondent)