MM Constructions (Aust) Pty Limited and Anor v Port Stephens Council (No. 7) [2012] NSWSC 250

Supreme Court New South Wales

Medium Neutral Citation: MM Constructions (Aust) Pty Limited and Anor v Port Stephens Council (No. 7) [2012] NSWSC 250 Hearing dates: On written submissions Decision date: 23 March 2012 Jurisdiction: Common Law Before: Johnson J Decision: The costs order at [358](b) of Johnson J's judgment of 22 December 2011 is varied. The Plaintiffs are to pay the Defendant's costs of the proceedings in this Court: (a)on the ordinary basis up to 17 August 2010; and (b)on an indemnity basis from 18 August 2010 onwards. Catchwords: PRACTICE AND PROCEDURE - costs - claim by successful Defendant for indemnity costs - offers of compromise - Calderbank offer - whether genuine element of compromise - order for indemnity costs made by reference to third offer of compromise made by Defendant Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: MM Constructions (Aust) Pty Limited and Anor v Port Stephens Council (No. 1) [2010] NSWSC 241

MM Constructions (Aust) Pty Limited v Port Stephens Council (No. 2) [2010] NSWSC 242 MM Constructions (Aust) Pty Limited and Anor v Port Stephens Council (No. 3) [2010] NSWSC 243 MM Constructions (Aust) Pty Limited and Anor v Port Stephens Council (No. 6) [2011] NSWSC 1613 Calderbank v Calderbank [1974] All ER 333 George v Webb [2012] NSWSC 86 Texts Cited: --- Category: Costs Parties: MM Constructions (Aust) Pty Limited (First Plaintiff) Milan Maruncic (Second Plaintiff) Port Stephens Council (Defendant) Representation: Mr BMJ Toomey QC; Mr EG Romaniuk (Plaintiffs) Mr MJ Joseph SC; Mr S Glascott (Defendant) Creagh & Creagh (Plaintiffs) DLA Piper Australia (Defendant) File Number(s): 2008/289298 Publication restriction: ---