Dream Developments Pty Limited v Samuel Whitney [2012] NSWSC 108

Supreme Court New South Wales

Medium Neutral Citation: Dream Developments Pty Limited v Samuel Whitney [2012] NSWSC 108 Hearing dates: 13 July 2011 Decision date: 23 February 2012 Jurisdiction: Common Law Before: Adams J Decision: 1.Leave to appeal granted. 2.Appeal upheld. 3.The order as to costs quashed. 4.Within 7 days of the date of this judgment the parties are to file Minutes of Agreed Orders as to costs or, if they do not agree, written submissions on the appropriate orders. 5.The defendant is to pay the costs of the summons (unless a party files written submissions as to costs of the summons within 7 days of the date of this judgment). Catchwords: Costs - UCPR 20.26 - whether offer "exclusive of costs" - whether particulars sought - whether sufficient particulars provided - whether offer could be treated as a Calderbank offer. Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Calderbank v Calderbank [1975] 3 WLR 586 Dean v Stockland Property Management Pty Ltd & Anor (No.2) [2010] NSWCA 141 Elite Protective Personnel Pty Limited v Salmon [2007] NCSWCA 322 Mid-City Skin Cancer & Laser Centre Pty Ltd v Zahedi-Anarak & Ors [2006] NSWSC 684 Old v McInnes and Hodgkinson [2011] NSWCA 410 Trustee for the Salvation Army (NSW) Property Trust v Becker (No.2) [2007] NSWCA 194 Category: Principal judgment Parties: Dream Developments Pty Limited (Plaintiff) Samuel Whitney (Defendant) Representation: R. Bell (Plaintiff) B. Ilkovski (Defendant) Bay Legal (Plaintiff) Carroll & O'Dea Lawyers (Defendant) File Number(s): 2010/412999