NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Value Constructions Pty Ltd v Badra (No 2) [2024] NSWCA 212 Hearing dates: On the papers (last submission 19 August 2024) Date of orders: 02 September 2024 Decision date: 02 September 2024 Before: Leeming and Kirk JJA, Griffiths AJA at [1] Decision: (1) The appellant is to pay the first respondent's costs of the appeal, save that the first respondent is to pay the appellant's costs of his application for indemnity costs. (2) The appellant is to pay the second and third respondents' costs of the appeal. Catchwords: COSTS – Indemnity costs – Offer of compromise – Calderbank offer – Real and genuine element of compromise – Degree of compromise assessed cumulatively – No explanation as to significant costs asserted to have been incurred before exchange of submissions – No reason first respondent should obtain advantage of consensus later broken out to alter precise sums awarded COSTS – Active role played by second and third respondents appropriate and useful Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 20.26(5) Cases Cited: Fabre v Lui (No 2) [2015] NSWCA 312 Krolczyk v Winner t/as J Winner Building Services [2022] NSWCA 196 Synergy Scaffolding Services Pty Ltd v Alelaimat (No 2) [2024] NSWCA 11 Category: Costs Parties: Value Constructions Pty Ltd (Appellant)
Mohamad Badra (First Respondent) MMM Cement Rendering 1 Pty Ltd (Second Respondent) Workers Compensation Nominal Insurer (Third Respondent) Representation: Counsel:
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