NSW Caselaw
New South Wales Supreme Court
CITATION : White v Baycorp Advantage Business Information Services [2006] NSWSC 910
HEARING DATE(S) : 4 & 13 September 2006
JUDGMENT DATE : 13 September 2006
JURISDICTION : Equity
JUDGMENT OF : Campbell J
DECISION : Indemnity costs refused. Third defendant to pay 75% of plaintiffs' costs of litigation.
CATCHWORDS : PROCEDURE – costs – Calderbank letter – whether appropriate to offer to settle both the claim made, and costs, on a particular basis – circumstances when failure to accept a Calderbank offer justifies indemnity costs – plaintiffs slow in articulating basis on which they eventually succeed, and raising numerous issues on which they lose – appropriate approach to costs order
AMFM Constructions Pty Ltd v Boreal Holdings Pty Ltd [2001] NSWSC 1091 Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Limited (formerly GIO Insurance Limited) & Ors [2006] NSWSC 583 CASES CITED : Dr Martens Australia Pty Ltd (No 2) v Figgins Holdings Pty Ltd [2000] FCA 602 Humble v Hunter (1848) 12 QB 310; 116 ER 885 Smallacombe & Others v Lockyer Investment Co Pty Ltd (1993) 114 ALR 568 White v Baycorp Advantage Business Information Services Ltd [2006] NSWSC 441
John Anthony White - First Plaintiff PARTIES : The White Holdings Group Pty Ltd - Second Plaintiff Capital Finance Australia Ltd - Third Defendant
FILE NUMBER(S) : SC 2219/06
COUNSEL : P E King - Plaintiffs M Ashhurst - Third Defendant
SOLICITORS : Segal & Associates - Plaintiffs Kemp Strang - Third Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION EQUITY LIST
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