Craft Printing Pty Limited v Dwyer (Costs) [2009] NSWDC 191

Reported Decision :

New South Wales District Court

CITATION: Craft Printing Pty Limited v Dwyer (Costs) [2009] NSWDC 191

HEARING DATE(S): The application for indemnity costs was conducted by way of written submissions

JUDGMENT DATE: 14 May 2009

JURISDICTION: Civil jurisdiction

JUDGMENT OF: Johnstone DCJ

DECISION: 1. The application is dismissed. 2. The plaintiff is to pay the defendant's costs of the application, on the ordinary basis.

CATCHWORDS: COSTS - offer of compromise left open for 67 hours before commencement of trial - whether period reasonable

LEGISLATION CITED: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005

CASES CITED: Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2008] NSWCA 85 Pittorino v Yates [2009] NSWCA 87

PARTIES: Craft Printing Pty Limited (Plaintiff) Paul Andrew Dwyer (Defendant)

FILE NUMBER(S): 1997/08

COUNSEL: Mr G George (Plaintiff) Mr I Archibald (Defendant)

SOLICITORS: David Purvis (Plaintiff) W Lawyers (Defendant)

JUDGMENT

The proceedings and the issues 1. The plaintiff has applied for an order for indemnity costs from 29 November 2008 on the basis that it obtained judgment for an amount no less favourable than the terms of an offer of compromise made under r 20.26 of the Uniform Civil Procedure Rules 2005 (UCPR) that the defendant failed to accept.

2. On 7 April 2009 I directed the entry of judgment in the substantive proceedings in favour of the plaintiff and ordered the defendant to pay the plaintiff's costs, on the ordinary basis. I gave leave to apply within 7 days for some other order. The plaintiff then applied for that costs order to be vacated and replaced by the following orders: