Platformco Investments Pty Ltd v Hanna Contracting Services Pty Ltd (No 2) [2024] NSWDC 170

District Court New South Wales

Medium Neutral Citation: Platformco Investments Pty Ltd v Hanna Contracting Services Pty Ltd (No 2) [2024] NSWDC 170 Hearing dates: On the papers Date of orders: 13 May 2024 Decision date: 13 May 2024 Jurisdiction: Civil Before: Cole DCJ Decision: The plaintiff is to pay the defendant's costs in this matter on a party/party basis up until the end of 22 February 2024, and on an indemnity basis from 22 February 2024 onwards. Catchwords: COSTS – Calderbank offer – basis for award of costs – indemnity costs Cases Cited: Platformco Investments Pty Ltd v Hanna Contracting Services Pty Ltd [2024] NSWDC 117 Calderbank v Calderbank [1975] 3 All ER 333 Miwa Pty Ltd v Siantan Properties Pty Ltd (No 2) [2011] NSWCA 344 Haxeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298 Category: Consequential orders Parties: Platformco Investments Pty Ltd (Plaintiff) Hanna Contracting Services Pty Ltd (Defendant) Representation: Counsel: G McNally SC with J Pokoney (Plaintiff) MD Martin KC (Defendant) Solicitors: CLS Legal (Plaintiff) Mills Oakley (Defendant) File Number(s): 2023/141414 Publication restriction: Nil

JUDGMENT 1. Platformco Investments Pty Ltd ('Investments P/L') sued Hannas Contracting Services Pty Ltd ('Hannas P/L') for damages for the alleged breach of two consulting agreements. 2. Investments P/L was wholly unsuccessful in the proceedings (see Platformco Investments Pty Ltd v Hanna Contracting Services Pty Ltd [2024] NSWDC 117 ('the first judgment')). 3. This decision deals with the application by Hannas P/L for an order that Investments P/L pay its costs of the proceedings on a party/party basis up to and including 22 February 2024 and that Investments P/L pay its costs of the proceedings on an indemnity basis from 22 February 2024 onwards. 4. Investments P/L concedes that it is appropriate that an award of costs be made against it, but argues that indemnity costs should not be given, and the whole costs order should be on a party/party basis.