NSW Caselaw
New South Wales Supreme Court
CITATION : Scripture Union v Prime Industrial Pty Limited [2006] NSWSC 38
HEARING DATE(S) : 03/02/2006 JURISDICTION : Equity Division
JUDGMENT OF : McDougall J
EX TEMPORE JUDGMENT DATE : 02/03/2006
DECISION : See para 44.
CATCHWORDS : COSTS - where two or more unsuccessful defendants - whether sufficient segregation of defences to justify departure from general rule as to costs - whether burden of costs should be apportioned betweeen defendants on the basis of referee's findings of proportionate contribution - where third defendant made "Calderbank" offer which required agreement by plaintiff and by first and second defendants - analogous to an offer of compromise - whether third defendant should be indemnified from date of offer. - COSTS - indemnity costs - where plaintiff makes "Calderbank" offer - no question of principle.
Bellgrove v Eldridge (1954) 90 CLR 613 CASES CITED : Jones v Bradley (No 2) [2003] NSWCA 258 Rushcutters Bay Smash Repairs Pty Limited v H McKenna Netmakers Pty Limited [2003] NSWSC 670 Thiess Watkins White Constructions Ltd (in liq) v Witan Nominees (1985) Pty Limited [1992] 2 Qd R 452
PARTIES : Scripture Union Plaintiff Prime Industrial Pty Ltd Defendant
FILE NUMBER(S) : SC 55035/00
Mr M Ashurst Plaintiff COUNSEL : Mr J S Whyte 1st and 2nd Defendants Mr I G B Roberts 3rd Defendant
Church & Grace Plaintiff SOLICITORS : Colin Biggers & Paisley 1st & 2nd Defendants Ebsworth & Ebsworth 3rd Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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