Cantwell v Sinclair [2012] NSWSC 157

Supreme Court New South Wales

Medium Neutral Citation: Cantwell v Sinclair [2012] NSWSC 157 Hearing dates: None - orders made in Chambers Decision date: 01 March 2012 Before: Rothman J Decision: The defendant pay the plaintiff's costs of and incidental to the proceeding: (a) Incurred in the period up to and including 11 February 2010, on a party/party basis; and (b) Incurred in the period from 12 February 2010 on an indemnity basis. Proceedings otherwise dismissed. Catchwords: COSTS - indemnity costs - offer of compromise or Calderbank letter; where - compliance with UCPR - reasonableness of rejection Legislation Cited: Defamation Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Davis v Nationwide News Pty Ltd [2008] NSWSC 946 Mundine v Brown (No 7) [2011] NSWSC 170 Category: Costs Parties: Melanie Cantwell (Plaintiff) Douglas Sinclair (Defendant) Representation: Lander & Rogers Lawyers (Plaintiff) File Number(s): 2009/297730

Judgment

Introduction 1The Court, as presently constituted, delivered judgment in this matter on 25 October 2011 and made the following orders: (i)Judgment for the plaintiff; (ii)The defendant shall pay damages in the sum of $77,750 (including interest) to the plaintiff (iii)Within seven days of the date hereof, the plaintiff shall file and serve a document setting out its claim for any order as to costs and within a further seven days thereafter, the defendant shall respond thereto. If there be no agreement, the Court shall contact the parties in order to direct written submissions and/or a short hearing on costs. 2The plaintiff and defendant's submissions were sent to Justice Rothman's Associate via email on 1 November 2011 and 9 November 2011, respectively. The plaintiff's submissions in reply were sent by email on 6 December 2011.