Mackinnon v BlueScope Steel (AIS) Pty Ltd & Ors (No 2) [2009] NSWCA 229

New South Wales Court of Appeal

CITATION: Mackinnon v BlueScope Steel (AIS) Pty Ltd & Ors (No 2) [2009] NSWCA 229

HEARING DATE(S): Written Submissions

JUDGMENT DATE: 31 July 2009

JUDGMENT OF: Ipp JA at 1; Macfarlan JA at 2; Hoeben J at 3

Appellant's application for indemnity costs refused. DECISION: First Respondent to pay Appellant's costs of the appeal. Each party to pay its costs of cross-appeals.

CATCHWORDS: COSTS – application by successful appellant for indemnity costs – Calderbank letter sent by appellant before hearing of appeal – whether genuine offer to compromise proceedings – whether reasonable for respondent to refuse offer – whether conduct of appeal by appellant required adjustment to costs order – costs of cross-appeals where no decision on merits.

LEGISLATION CITED: Uniform Civil Procedure Rules 2005

CATEGORY: Consequential orders

CASES CITED: Commonwealth v Gretton [2008] NSWCA 117 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 at [67]

Dr Angus Mackinnon by his tutor Nantia Mackinnon - Appellant BlueScope Steel (AIS) Pty Ltd - First Respondent/Cross-Appellant PARTIES: Dr Angus Mackinnon by his tutor Nantia Mackinnon - First Cross Respondent Dalmau & Associates Pty Ltd - Second Cross Respondent Draft One Communications Pty Limited - Third Cross Respondent McKenzie & Associates Pty Limited - Fourth Cross Respondent

FILE NUMBER(S): CA 40533/2007; 40838/2007; 40839/2007

B Toomey QC/E Romaniuk - Appellant/First Cross Respondent COUNSEL: M Joseph SC/Ms V Heath - Cross Appellant/First Respondent PE Blacket SC - Appellant/Third Cross Respondent PJ Gow - Appellant/Fourth Cross Respondent