NSW Caselaw
New South Wales District Court
CITATION: McLean v Star City Pty Ltd (No 2) [2008] NSWDC 224
HEARING DATE(S): 30.9.08 EX TEMPORE JUDGMENT DATE : 30 September 2008
JURISDICTION: Civil
JUDGMENT OF: Sidis DCJ
1 The order for costs made on 13.8.08 is varied to provide that the plaintiff is to pay the defendant's costs of the proceedings on an ordinary basis up to and including 19 March 2007 and on an indemnity basis thereafter. This order excludes orders for costs made in favour of the plaintiff in relation to various interlocutory applications. DECISION: 2 The plaintiff is to pay the defendant's costs of the current application on an ordinary basis. 3 Noting the notice of intention to appeal, the exhibits will be retained until further order.
CATCHWORDS: COSTS - Calderbank offers and whether order for indemnity costs appropriate
PARTIES: John McLean - Plaintiff Star City Pty Ltd - Defendant
FILE NUMBER(S): Newcastle 518/05
COUNSEL: C A W Hart - Plaintiff M H Best - Defendant
SOLICITORS: Bale Boshev - Plaintiff Wotton & Kearney - Defendant
JUDGMENT JUDGMENT ON COSTS
1 The defendant provided to the Court on 30 September 2008 a chronology indicating that it commenced to make offers to the plaintiff on 3 January 2006 and made its last offer to the plaintiff on 28 February 2008. Those offers were Calderbank offers. Accompanying two of those offers were offers of compromise, one dated 4 August 2006 and another, 19 March 2007.
2 The defendant asks that I order the plaintiff to pay its costs on an indemnity basis from 4 January 2006.
3 This application is opposed by the plaintiff. The plaintiff opposes any order for indemnity costs. The opposition is based upon what is said to be the reluctance of the defendant to produce documents that were relevant to the plaintiff's claim, firstly that the injury was the result of a breakdown in the operation of the handrail of the escalator upon which he was travelling at the time of the incident, and secondly, as to records of prior incidents involving escalators at the Star City Casino operated by the defendant.
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