Redman v Verticon Group Limited (No 3) [2009] NSWDC 55

New South Wales District Court

CITATION: Redman v Verticon Group Limited (No 3) [2009] NSWDC 55

HEARING DATE(S): 9 - 13 March, 2, 8 April 2009 EX TEMPORE JUDGMENT DATE : 8 April 2009

JURISDICTION: Civil

JUDGMENT OF: Goldring DCJ

DECISION: The defendant to pay the plaintiff's costs on an indemnity basis

CATCHWORDS: COSTS - indemnity costs - when ordered

LEGISLATION CITED: District Court Rules

Colgate-Palmolive Co v Cussons Pty Limited (1993) 46 FCR 225 Fountain Selected Meats (Sales) Pty Limited v International Produce Merchants Pty Limited (1988) 81 ALR 397 Harrison v Schipp [2001] NSWCA 13 CASES CITED: Baulderstone Hornibrook Engineering Pty Limited v Gordian Runoff Limited [2006] NSWSC 583 Commonwealth Bank of Australia v Saleh [2007] NSWSC 990 Calderbank v Calderbank [1975] 3 All ER 333 Elite Protective Personnel Pty Limited v Salmon [2007] NSWCA 322 Kooee Communications Pty Limited v Primus Telecommunications Pty Limited (No.2) [2008] NSWCA 85

PARTIES: Jason Redman (Plaintiff) Verticon Group Limited (Defendant)

FILE NUMBER(S): 5716 of 2007

COUNSEL: J Berwick (Plaintiff) T Saunders (Defendant)

SOLICITORS: Craddock Murray Neumann (Plaintiff) Deacons (Defendant)

JUDGMENT

1 HIS HONOUR: In this case I delivered judgment last week in favour of the plaintiff. The plaintiff has now applied for three orders in the alternative. The first is that it be paid its costs on an indemnity basis in respect of the whole of the action. The second is that it be paid its costs on an indemnity basis after the expiry of an offer which it made in May 2008, and the third alternative is that it be paid indemnity costs as and from the date of a Calderbank offer made on 6 March, which was three days before the commencement of the hearing.