Coregas Pty Limited v Penford Australia Pty Limited (No 2) [2013] NSWCA 11

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Coregas Pty Limited v Penford Australia Pty Limited (No 2) [2013] NSWCA 11 Hearing dates: On the papers Decision date: 14 February 2013 Before: MEAGHER JA at [1] HOEBEN JA at [2] BERGIN CJ In EQ at [15] Decision: Appellant's application dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COSTS - special costs order sought by appellant - offer made in accordance with Calderbank v Calderbank (1975) 3 All ER 333 - proposed offer made no allowance for pre-judgment interest despite explanatory letter providing calculations for such interest - without pre-judgment interest, offer less favourable than result achieved by respondent - no basis for compromise set out in explanatory letter - special costs order refused. Legislation Cited: Civil Procedure Act 2005 Cases Cited: Calderbank v Calderbank (1975) 3 All ER 333 Commonwealth v Gretton [2008] NSWCA 117 Coregas Pty Limited v Penford Australia Pty Limited [2012] NSWCA 350 Evans Shire Council v Richardson (No 2) [2006] NSWCA 61 Jones v Bradley (No 2) [2003] NSWCA 258 Category: Costs Parties: Coregas Pty Limited - Appellant Penford Australia Pty Limited - Respondent Representation: Counsel: Mr CT Barry QC - Appellant Mr JE Maconachie QC/Mr PN Khandhar - Respondent Solicitors: Moray & Agnew - Appellant DLA Piper Australia - Respondent File Number(s): 2010/140283 Decision under appeal Date of Decision: 2011-09-30 00:00:00 Before: Lakatos SC DCJ File Number(s): 2010/140283