CJD Equipment v A&C Constructions [2010] NSWSC 502

New South Wales Supreme Court

CITATION : CJD Equipment v A&C Constructions [2010] NSWSC 502

HEARING DATE(S) : 14 May 2010 JURISDICTION : Equity Division Technology & Construction List

JUDGMENT OF : McDougall J at 1

EX TEMPORE JUDGMENT DATE : 14 May 2010

DECISION : Parties to bring in short minutes of order.

CATCHWORDS : PROCEDURE - costs - exercise of discretion as to costs - where judgment for small percentage only of amount claimed - proportionality of recoupment of costs to amount of judgment - prima facie entitlement to costs overridden by Calderbank offer - whether Calderbank offer involved compromise.

LEGISLATION CITED : Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules

CATEGORY : Consequential orders

Brand v Monks [2010] NSWSC 313 CASES CITED : Calderbank v Calderbank [1975] 3 All E R 333 Prestige Residential Marketing Pty Ltd v Depune Pty Ltd (No. 2) [2008] NSWCA 341

CJD Equipment Pty Limited (Plaintiff) A&C Constructions Pty Limited (First Defendant) PARTIES : Allan Keith Jeffree (Second Defendant) GF Murphy Consulting Pty Limited (Third Defendant) Telford Building Systems (Aust) Pty Limited (Fourth Defendant) Peter Marcus Consulting Engineers Pty Limited (Fifth Defendant)

FILE NUMBER(S) : SC 2008/290633

D C Price (Plaintiff) E M Olsson SC (First and Second Defendants) COUNSEL : R J Cheney (Third Defendant) I G B Roberts (Fourth Defendant) D J Fagan SC (Fifth Defendant)