Ryan v A F Concrete Pumping Pty Limited (No 2) [2013] NSWSC 219

Supreme Court New South Wales

Medium Neutral Citation: Ryan v A F Concrete Pumping Pty Limited (No 2) [2013] NSWSC 219 Hearing dates: 14 March 2013 Decision date: 14 March 2013 Before: Adamson J Decision: Reasons given for costs orders earlier made Catchwords: PRACTICE AND PROCEDURE-costs-Calderbank offers-whether plaintiff may make offer directly to defendant through another party PRACTICE AND PROCEDURE-costs-departing from general rule-conduct of parties-unreasonableness of conduct Legislation Cited: - Civil Procedure Act 2005, s 98 Cases Cited: - Baillieu Knight Frank (NSW) Pty Ltd v Ted Manny Real Estate Pty Ltd (1992) 30 NSWLR 359 - Calderbank v Calderbank [1976] Fam 93 - Elite Protective Personnel Pty Limited & anor v Salmon [2007] NSWCA 322 - Messiter v Hutchison (1987) 10 NSWLR 525 -NMFM Property Pty Ltd v Citibank (No 11) [2001] FCA 480; 109 FCR 77 - Re Wilcox; Ex parte Venture Industries Pty Ltd (No 2) [1996] FCA 1942; 72 FCR 151 -Ryan v A F Concrete Pumping Pty Ltd [2012] NSWSC 723 - Jeffrey Ryan & another v A F Concrete Pumping Pty Ltd & another [2013] NSWSC 113 Category: Costs Parties: Jeffrey Ryan (First Plaintiff) Reliance Pools International Pty Ltd (Second Plaintiff) A F Concrete Pumping Pty Ltd (First Defendant) GIO Limited Ltd (Second Defendant) Employers Mutual NSW Ltd (Cross-Defendant Representation: Counsel: RA Cavanagh SC and CJ Callaway (First and Second Plaintiff) AB Parker and AR Davis (First Defendant) N Polin (Second Defendant) S Maybury (Cross-Defendant) Solicitors: Gillis Delaney (First and Second Plaintiff) Walker Hedges & Co (First Defendant) Gadens Lawyers (Second Defendant) Edwards Michael Lawyers (Cross-Defendant File Number(s): 2010/408063