Edwards v Devine (No 2) [2011] NSWDC 3

District Court New South Wales

Medium Neutral Citation: Edwards v Devine (No 2) [2011] NSWDC 3 Hearing dates: 27 January 2011 Decision date: 31 January 2011 Before: Levy SC DCJ Decision: The defendant is to pay the plaintiff's costs of the summons on the ordinary basis until 14 January 2011, and on the indemnity basis from 15 January 2011 Catchwords: COSTS - whether the defendant should be ordered to pay indemnity costs where the application by plaintiff for leave to proceed was compelling and succeeded - offer of compromise and Calderbank letter served by plaintiff - plaintiff had offered to pay defendant's costs of the summons and obtained an outcome that was no less favourable Legislation Cited: Civil Procedure Act 2005, s 56, s 98(1) Motor Accidents Compensation Act 1999, s 109(2), s 153(1) Motor Accidents Compensation Regulation 2005, Schedule 1 Uniform Civil Procedure Rules 2005, r 42.14 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 2 Baulderstone Hornibrook Engineering Pty Limited v Gordian Runoff Limited (No 2) [2009] NSWCA 12 Caine v Lumley General Insurance Ltd (No 2) [2008] NSWCA 109 Chen v Karandonis [2002] NSWCA 412 Darwich v Sinclair [2009] NSWDC 295 Dean v Stockland Property Management Pty Ltd & Anor (No 2) [2010] NSWCA 141 Dean-Willcocks v Commissioner of Taxation (No 2) [2004] NSWSC 286 Edwards v Devine [2011] NSWDC 2 King Network Group Pty Ltd v Club of Clubs Pty Ltd (No 2) [2009] NSWCA 204 Macquarie Radio Network Pty Ltd v Arthur Dent (No 2) [2007] NSWCA 33 Morgan v Johnson (1998) 44 NSWLR 578 Nominal Defendant v Manning [2000] NSWCA 80; (2000) 50 NSWLR 139 Richards v Cornford (No 3) [2010] NSWCA 134 South Eastern Sydney Area Health Service v King [2006] NSWCA 2 Category: Consequential orders Parties: Kelly Leanne Edwards (Plaintiff) Stephen Devine (Defendant) Representation: Counsel: Mr P Mooney (Plaintiff) Mr D Hanna (Solicitor for defendant) Solicitors: Steve Masselos & Co (Plaintiff) Dibbs Barker (Defendant) File Number(s): 2010/346714