Echin v Southern Tablelands Gliding Club (No. 2) [2013] NSWSC 744

Supreme Court New South Wales

Medium Neutral Citation: Echin v Southern Tablelands Gliding Club (No. 2) [2013] NSWSC 744 Hearing dates: 10 June 2013 Decision date: 28 June 2013 Jurisdiction: Common Law Before: Davies J Decision: The First Defendant's application for indemnity costs is dismissed. Catchwords: PROCEDURE - costs - Calderbank offers - consideration of the stage the proceedings had reached - one offer made "inclusive of costs" - effect of such an offer - whether can result in order for indemnity costs - reasonableness of the time for acceptance of the offer Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Uniform Civil Procedure Rules Cases Cited: Calderbank v Calderbank [1975] 3 WLR 586; [1975] 3 All ER 333 Echin v Southern Tablelands Gliding Club [2013] NSWSC 516 Echin v Southern Tablelands Gliding Club Inc and Civil Aviation Safety Authority [2012] NSWSC 966 Elite Protective Personnel Pty Ltd & Anor v Salmon [2007] NSWCA 322 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No. 2) [2008] NSWCA 85 Category: Costs Parties: Malcolm Echin (Plaintiff) Southern Tablelands Gliding Club (First Defendant) Representation: Counsel: J Anderson (Plaintiff) D A Lloyd (First Defendant) Solicitors: Galland Elder Lulham (Plaintiff) Riley Gray-Spencer Lawyers (First Defendant) File Number(s): 2011/004376