Coyne v Calabro (No. 7) [2010] NSWSC 846

New South Wales Supreme Court

CITATION : Coyne v Calabro (No. 7) [2010] NSWSC 846

HEARING DATE(S) : 21 and 22 July 2010

JUDGMENT DATE : 22 July 2010

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 22 July 2010

DECISION : Refer to para 28 of judgment.

CATCHWORDS : COSTS – where multiple defendants unsuccessful in proceedings and liable to pay damages to plaintiffs – whether defendants to be jointly and severally for plaintiffs' costs of entire proceedings – whether more just that second defendant or plaintiff should bear risk of first defendant's insolvency - COSTS – where defendants did not accept Calderbank offer made by plaintiffs – whether plaintiffs entitled to indemnity costs - COSTS – whether plaintiffs entitled to order in the nature of Bullock order in respect of costs of cross-defendant payable by plaintiffs – whether defendants' conduct make it fair to impose liability on them for costs of cross-defendant

Cheques Act 1986 (Cth) LEGISLATION CITED : Civil Procedure Act 2005 (NSW) Trade Practices Act 1974 (Cth)

CATEGORY : Consequential orders

Coyne v Calabro (No. 5) [2010] NSWSC 694 Trade Practices Commission v Nicholas Enterprises Pty Ltd (No 3) (1979) 28 ALR 201; 42 FLR 213 CASES CITED : Mike Gaffikin Marine Pty Ltd v Princes Street Marina Pty Ltd (Supreme Court of New South Wales, Young J, 15 July 1996, unreported) Probiotec Ltd v University of Melbourne [2008] FCAFC 5; (2008) 166 FCR 30 Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 Gould v Vaggelas (1985) 157 CLR 215