Macey v Macquarie Generation & HIS Engineering Pty Ltd - No 2 [2007] NSWDC 296

Pending Appeal :

New South Wales District Court

CITATION: Macey v Macquarie Generation & HIS Engineering Pty Ltd - No 2 [2007] NSWDC 296

HEARING DATE(S): 29 November 2007 EX TEMPORE JUDGMENT DATE : 29 November 2007

JUDGMENT OF: Sidis DCJ

DECISION: 1. Plaintiff to pay the defendant's costs of the proceedings against the defendant on an ordinary basis; 2. Defendant to pay the cross defendant's costs on an ordinary basis; 3. Exhibits will be retained for 28 days.

CATCHWORDS: Costs

Jason MACEY PARTIES: MACQUARIE GENERATION HIS ENGINEERING PTY LTD

FILE NUMBER(S): Newcastle 56 of 2006

Plainiff - C A W Hart COUNSEL: Defendant/cross claimant - S F Routh Cross defendant - D Shoebridge

Plaintiff - Bale Boshev Lawyers SOLICITORS: Defendant - Sparke Helmore Cross defendant - Fisher Cartwright Berriman

JUDGMENT

1 Reasons for judgment in this matter were published on 22 November 2007 and the proceedings adjourned to 29 November 2007 to deal with issues of costs.

2 The defendant seeks an order for indemnity costs against the plaintiff and seeks an order that the plaintiff pay the defendant's costs of the cross claim. These applications appear to arise out of contractual arrangements between the defendant and the cross defendant and in my view they are of no relevance to the plaintiff's situation.

3 As a result, in respect of the claim against Macquarie Generation, the order which I make is that the plaintiff is to pay the defendant's costs of the proceedings against the defendant on an ordinary basis.

4 The cross defendant seeks costs of the cross claim, which was dismissed, on an ordinary basis up to 4 October 2007 and on an indemnity basis thereafter. This application is made in reliance upon an affidavit of Mr Sefton of 27 November 2007, setting out details of communications between the parties in the course of which various offers were made to the defendant in respect of the proceedings generally and in respect of the cross claim.