Chief Commissioner of State Revenue v Platinum Investments Management Ltd (No 2) [2011] NSWCA 197

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chief Commissioner of State Revenue v Platinum Investments Management Ltd (No 2) [2011] NSWCA 197 Hearing dates: On the papers Decision date: 21 July 2011 Before: Campbell JA Macfarlan JA Handley AJA Decision: 1. Order 2 made by this Court on 10 March 2010 varied to read: "Judgment of Gzell J of 2 February 2010 set aside". 2. Notice of motion of 10 March 2011 otherwise dismissed. 3. Applicant to pay the respondent's costs of the motion. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COSTS - Calderbank offer - refusal - no reference to other proceedings between same parties - refusal not unreasonable - indemnity costs refused. Legislation Cited: State Revenue Legislation Amendment Act 2010 Uniform Civil Procedure Rules Cases Cited: Brymount Pty Ltd v Cummins [2005] NSWCA 69 Challenger Listed Investments Ltd v Commissioner of State Revenue [2010] VSC 464 Evans Shire Council v Richardson [2006] NSWCA 61 FCT v Indooroopilly Children's Services (Qld) Pty Limited [2007] FCAFC 16, 158 FCR 325 Jones v Bradley (No 2) [2003] NSWCA 258 New Brunswick Railway Company v British & French Trust Corporation Ltd [1939] AC 1 Urban Consolidation & Development Pty Ltd v Commissioner of State Revenue [2010] VSC 49 Texts Cited: Spencer Bower & Handley Res Judicata 4th ed (2009) Category: Costs Parties: Chief Commissioner of State Revenue (A) Platinum Investment (ACN 063 595 006) (R) File Number(s): 08/277081 Decision under appeal Citation: [2010] NSWSC 1 Date of Decision: 2010-02-02 00:00:00 Before: Gzell J File Number(s): SC 1140/08