CPC Energy Pty Ltd v Bellevarde Constructions Pty Ltd & Anor [2007] NSWSC 1455

New South Wales Supreme Court

CITATION : CPC Energy Pty Ltd v Bellevarde Constructions Pty Ltd & Anor [2007] NSWSC 1455

HEARING DATE(S) : 12/12/07

JUDGMENT DATE : 14 December 2007

JURISDICTION : Equity Division Technology and Construction List

JUDGMENT OF : Einstein J

DECISION : Defendants to pay plaintiff's costs

CATCHWORDS : Costs

LEGISLATION CITED : Civil Procedure Act 2005 (NSW)

CPC Energy Pty Ltd (Plaintiff) PARTIES : Bellevarde Constructions Pty Ltd (First Defendant) John Francis Fielding (Second Defendant)

FILE NUMBER(S) : SC 55062/05

COUNSEL : Mr R Parsons (Plaintiff) Mr I Bailey SC, Mr R Marshall (Defendants)

SOLICITORS : Summit Law (Plaintiff) Dibbs Abbott Stillman (Defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY AND CONSTRUCTION LIST

Einstein J

Friday 14 December 2007

55062/05 CPC Energy Pty Ltd v Bellevarde Constructions Pty Ltd & Anor JUDGMENT The matters before the Court 1 The reserved judgment was delivered on 5 December 2007. The essential matter for determination which has been argued has related to the proper order for costs. 2 This was an unusual reference out. However notwithstanding the unusual parameters, the principled approach to costs dictates that subject to questions of indemnity costs, costs should follow the ultimate event. 3 The plaintiff's offers of compromise and Calderbank letters were as follows:

(i) CPC's offer of compromise made 19 December 2006;

(ii) CPC's offer of compromise made 28 March 2007;

(iii) CPC's Calderbank offer made by letter dated 22 November 2006;