Symbion Medical Centre Operations Pty Ltd v Alexander [2011] NSWSC 701

Supreme Court New South Wales

Medium Neutral Citation: Symbion Medical Centre Operations Pty Ltd v Alexander [2011] NSWSC 701 Decision date: 05 July 2011 Jurisdiction: Equity Division Before: Gzell J Decision: Plaintiff to pay costs on the ordinary basis until the Calderbank offer and thereafter on an indemnity basis Catchwords: PROCEDURE - Costs - whether defendants' Calderbank offer to "walk-away" with no order as to costs was unreasonably rejected - no new principles Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Idameneo (No 123) Pty Ltd v Dr Teresa Angel-Honnibal [2002] NSWSC 1214; (2003) ATPR 41-918 Leichhardt Municipal Council v Green [2004] NSWCA 341 Hali Retail Stores Pty Ltd v Hafaz [2007] NSWSC 427 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Symbion Medical Centre v Alexander [2010] NSWSC 1047 Category: Costs Parties: Symbion Medical Centre Operations Pty Limited (Plaintiff) Richard Spence Alexander (First Defendant) Howard John Oxley (Second Defendant) Nicholas Robin Smith (Third Defendant) Healthscope Medical Centres Pty Limited (Fourth Defendant) Mina Nakhla (Fifth Defendant) Representation: Counsel R Harper SC with G Lucarelli (Plaintiff) A Moses SC with Y Shariff (First, Second, Third and Fifth Defendants) J Lockhart SC (Fourth Defendant) Solicitors Massey Bailey Solicitors & Consultants (Plaintiff) Morris Legal (First, Second, Third and Fifth Defendants) Allens Arthur Robinson (Fourth Defendant) File Number(s): 2009/287452