Construction & Design Australia Pty Ltd v Robinson (No 3) [2024] NSWSC 504

Supreme Court New South Wales

Medium Neutral Citation: Construction & Design Australia Pty Ltd v Robinson (No 3) [2024] NSWSC 504 Hearing dates: On the papers; written submissions 24 April and 1 May 2024 Decision date: 02 May 2024 Jurisdiction: Common Law Before: Stevenson J Decision: Defendants/cross-claimants pay the costs of the plaintiff's/cross-defendant's claim and cross-claim on the ordinary basis to 29 June 2023, and on an indemnity basis from 30 June 2023. Catchwords: COSTS – party/party – exceptions to general rule that costs follow the event – Calderbank offers – whether it was unreasonable for the defendants/cross-claimants not to have accepted the offers – whether the offers ought to have specified why the defendants'/cross-claimants' cross-claim was without merit COSTS – party/party – exceptions to general rule that costs follow the event – offer of compromise – where an offer of compromise was made by plaintiff and cross defendants pursuant to UCPR r 20.26 to settle the claim and cross-claim for $200,000 – where the plaintiff completely successful on claim and cross-defendants were substantially successful on the cross-claim – whether the offer was to compromise "any" claim in the proceedings – whether the offer identified the claim to which it related – whether offer capable of acceptance – whether possible to ascertain whether the result was no less favourable than the offer Legislation Cited: Uniform Civil Procedure Rules 1999 (Qld) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Chapel of Angels Pty Ltd v Hennessy Builder Pty Ltd [2018] QDC 248 Civil Mining & Construction Pty Ltd v Wiggins Island Coal Export Terminal Pty Ltd [2020] QSC 1 Construction & Design Australia Pty Ltd v Robinson (No 2) [2024] NSWSC 376 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) (2005) 13 VR 435; [2005] VSCA 298 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Category: Costs Parties: Construction & Design Australia Pty Ltd ACN 168 477 316 (Plaintiff/First Cross-Defendant) Nerida Robinson (First Defendant/Cross-Claimant) Mark Bowmer (Second Defendant/Cross-Claimant) Gerard Peter Turnbull (Second Cross-Defendant) Daniel John Turnbull (Third Cross-Defendant) Representation: Counsel: M Klooster / M Waters (Plaintiff/Cross-Defendants) A Crossland / B Flaherty (Defendants/Cross-Claimants)