CH2M Hill v State of NSW [2012] NSWSC 1343

Supreme Court New South Wales

Medium Neutral Citation: CH2M Hill v State of NSW [2012] NSWSC 1343 Hearing dates: On the papers Decision date: 08 November 2012 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Costs on the indemnity basis from 21 June 2011. Catchwords: [COSTS] - indemnity costs - offer of compromise or Calderbank letter - whether real element of compromise - no question of principle. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ballard v Multiplex [2012] NSWSC 825 CH2M Hill v State of NSW [2012] NSWSC 963 Calderbank v Calderbank [1975] 3 All ER 333 The Anderson Group Pty Ltd v Tynan Motors Pty Ltd (No.2) (2006) 67 NSWLR 706 Category: Procedural and other rulings Parties: CH2M Hill Australia Pty Limited (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: M Christie SC / L D R Shipway (Plaintiff) J B Simpkins SC / D I Talintyre (Defendant) Solicitors: Norton Rose (Plaintiff) Clayton Utz (Defendant) File Number(s): 2009/326148

Judgment 1HIS HONOUR: The plaintiff (CH2M) sued the State of New South Wales to recover damages for what it said was breach of contract on the part of the former Department of Commerce (DOC). Under that contract, DOC undertook to provide design services for earthen lagoons that formed part of an upgrade of a sewage treatment plant. 2On 24 August 2012, I gave judgment dismissing the claim: CH2M Hill v State of NSW [2012] NSWSC 963. I ordered CH2M to pay the State's costs, and reserved liberty to apply for some different or special costs order. Pursuant to that liberty, the State moves for an order that its costs be paid, from one of various dates, on the indemnity basis.