Pritchard Associates v Stevenson & Anor [2002] NSWSC 657

New South Wales Supreme Court

CITATION : Pritchard Associates v Stevenson & Anor [2002] NSWSC 657 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 11597 of 1997 HEARING DATE(S) : 15 July 2002 JUDGMENT DATE : 26 July 2002

Pritchard Associates Pty Limited (Plaintiff) PARTIES : v David Stevenson (First Defendant) Harvey Wong (Second Defendant) JUDGMENT OF : Master Malpass

N/A (Plaintiff) COUNSEL : Mr R S Angyal (First Defendant) N/A (Second Defendant)

Truman Hoyle (Plaintiff) SOLICITORS : Holman Webb (First Defendant) N/A (Second Defendant) CATCHWORDS : Calderbank letters - indemnity costs. LEGISLATION CITED : Supreme Court Rules 1970, Pt 22. Calderbank v Calderbank [1975] 3 All ER 333. CASES CITED : Multicon Engineering Pty Ltd v Federal Airports Corporation (1996) 138 ALR 425. Nobrega v The Trustees Of The Roman Catholic Church For The Archdiocese of Sydney (No.2) BC9902730. Sanko Steamship Co Ltd v Sumitomo Australia Ltd Fed No. 22/96. DECISION : See paragraph 24.

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Master Malpass

FRIDAY 26 JULY 2002

11597 of 1997 Pritchard Associates Pty Limited v David Stevenson & Anor

JUDGMENT 1 Master: These proceedings were heard in March 2002. The trial occupied ten days. A reserved judgment was delivered on 23 April 2002. The judgment determined the question of liability. The quantification of the judgment sum was deferred so that it could be the subject of further argument in the future. 2 The proceedings were listed for further hearing on 15 July 2002. The court heard argument on three questions. 3 One of these questions concerned the quantification of the judgment sum. This question was resolved during argument and a consensus was reached on the mathematics of the judgment sum. Accordingly, I directed entry of judgment in the sum of $463,880.32. Another of the questions (concerning the balance of a sum held by the court as security) was also resolved by the court and orders were made in relation to it. 4 The remaining question was one of costs. The plaintiff sought an order in the following terms:- "2 The First Defendant pay the Plaintiff's costs:- (a) from 27 May, 1997 to 3 February, 1999 on a party/party basis; (b) from 4 February, 1999 to 15 July, 2002 on an indemnity basis."