Ballard v Multiplex [2012] NSWSC 825

Supreme Court New South Wales

Medium Neutral Citation: Ballard v Multiplex [2012] NSWSC 825 Hearing dates: On the papers Decision date: 24 July 2012 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Applications for special costs orders dismissed with costs. Catchwords: [COSTS] - indemnity costs - offer of compromise - plaintiff does worse than offer - whether court should "otherwise order" - Calderbank letter - whether unreasonable for plaintiff to reject Calderbank offers. Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Ballard v Multiplex [2012] NSWSC 426 Calderbank v Calderbank [1975] 3 All ER 333 Category: Costs Parties: David Ballard (Plaintiff) Multiplex Limited ACN 008 687 063 (First Defendant) Multiplex Corporate Agency Pty Ltd ACN 003 070 120 (Second Defendant) Construction Forestry Mining and Energy Union ABN 17 402 743 835 (Third Defendant) Construction Forestry Mining and Energy Union (New South Wales Branch) ABN 17 524 350 156 (Fourth Defendant) Andrew Ferguson (Fifth Defendant) Representation: Counsel: J Duncan (Plaintiff) I Pike SC (First and Second Defendants) J Pearce (Third, Fourth and Fifth Defendants) Solicitors: Sagacious Legal (Plaintiff) Clayton Utz (First and Second Defendants) Taylor & Scott Lawyers (Third, Fourth and Fifth Defendants) File Number(s): 2007/266587