Land Enviro Corp Pty Limited v HTT Huntley Heritage Pty Limited [2012] NSWSC 446

Supreme Court New South Wales

Medium Neutral Citation: Land Enviro Corp Pty Limited v HTT Huntley Heritage Pty Limited [2012] NSWSC 446 Hearing dates: 6 February 2012 - 16 March 2012; costs argument 1 May 2012 Decision date: 07 May 2012 Jurisdiction: Equity Division Before: Stevenson J Decision: Plaintiffs to pay costs of first, second and fifth defendants on ordinary basis; plaintiffs to pay costs of third and sixth defendants on indemnity basis from 2 September 2011 Catchwords: Cost - indemnity costs - Calderbank offer - Offer of Compromise Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Caine v Lumley General Insurance Limited (No 2) [2008] NSWCA 109 Land Enviro Corp Pty Limited v HTT Huntley Heritage Pty Limited [2012] NSWSC 382 Land Enviro Corp Pty Limited v HTT Huntley Heritage Pty Limited [2012] NSWSC 177 Leichhardt Municipal Council v Green [2004] NSWCA 341 Category: Costs Parties: Land Enviro Corp Pty Limited (First Plaintiff) Sam Zdrilic (Second Plaintiff) Amy Zdrilic (Third Plaintiff) Amy Holdings Pty Limited (Fourth Plaintiff) HTT Huntley Heritage Pty Limited (First Defendant) Robert Renshall (Second Defendant) David Hickie (Third Defendant) Sentel Pty Limited (Fourth Defendant) Devubo Pty Limited (Fifth Defendant) Vocifa Pty Limited (Sixth Defendant) Michael Ansell (Seventh Defendant) Representation: Counsel: S A Wells (Plaintiffs) M L D Einfeld QC (First, Second and Fifth Defendants) G A F Connolly (Third and Sixth Defendants) Solicitors: Kemp Strang (Plaintiffs) Middletons (First, Second and Fifth Defendants) Bartier Perry (Third and Sixth Defendants) File Number(s): SC 2007/254173