FD v State of New South Wales & 2 Ors; Armidale & District Women's Centre v Waters (Costs) [2007] NSWSC 78

New South Wales Supreme Court

CITATION : FD v State of New South Wales & 2 Ors; Armidale & District Women's Centre v Waters (Costs) [2007] NSWSC 78

HEARING DATE(S) : 12 February 2007

JUDGMENT DATE : 15 February 2007

JUDGMENT OF : Smart AJ at 1

DECISION : See para 32

CATCHWORDS : Alleged Calderbank letter. Indemnity costs refused after consideration of all the circumstances

LEGISLATION CITED : Civil Procedure Act 2005

CASES CITED : Lemoto v Able Technical Pty Ltd & 2 Ors (2005) 63 NSWLR 300 Ridehalgh v Horsfield [1994] Ch 205

PARTIES : FD v State of New South Wales & Armidale District & Women's Centre (The Centre); Armidale & District Women's Centre v Waters

FILE NUMBER(S) : SC 20584/02

COUNSEL : M Williams SC & S Hickey for Ms Waters D Jordan for The Centre

SOLICITORS : Abbott Pardy & Jenkins for Ms Waters Kennedys for The Centre

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SMART AJ

Thursday, 15 February 2007

20584/02: FD v STATE OF NEW SOUTH WALES & ARMIDALE DISTRICT & WOMEN'S CENTRE (THE CENTRE)

ARMIDALE & DISTRICT WOMEN'S CENTRE v WATERS

JUDGMENT

1 On 18 December 2006 I delivered judgment dealing with the costs of some issues. I declined to order that Ms Waters, FD's former solicitor, pay the Centre's costs thrown away due to the vacation of the hearing date of 4 April 2005 and adjournment of the Centre's application on 29 September 2005. I also declined to make an order that the State pay the Centre's costs of the proceedings save for those payable by Ms Waters. I ordered the Centre to pay the costs (including the reserved costs) of its application that Ms Waters pay its costs thrown away as earlier mentioned.