Waddell v mathematics.com.au Pty Ltd (No 2) [2013] NSWSC 988

Supreme Court New South Wales

Medium Neutral Citation: Waddell v mathematics.com.au Pty Ltd (No 2) [2013] NSWSC 988 Hearing dates: 18/04/2013 and written submissions Decision date: 25 July 2013 Jurisdiction: Common Law Before: Rothman J Decision: (1) Judgment for the plaintiff in the sum of $44,942.08; (2) Interest is payable on the amount of $36,809.56 on and from the date of these orders pursuant to s 101 of the Civil Procedure Act 2005 at the rate prescribed in the Uniform Civil Procedure Rules 2005; (3) The defendant shall pay the plaintiff's costs of and incidental to these proceedings, as agreed or assessed; (4) Proceedings are dismissed. Catchwords: COSTS - application for indemnity costs by unsuccessful party based on offer of compromise - calculation of relative value - calculation of damages - no issue of principle Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Ohn v Walton (1995) 36 NSWLR 77 Category: Consequential orders Parties: Paul Gerard John Waddell (Plaintiff) mathematics.com.au Pty Ltd (Defendant) Representation: Counsel: A Britt (Plaintiff) A Rogers (Defendant) Solicitors: Colin Biggers & Paisley Lawyers (Plaintiff) Norwest Lawyers (Defendant) File Number(s): 2010/411107 Publication restriction: None

Judgment 1On 1 March 2013, the Court delivered judgment (hereinafter, "the first judgment") and reasons for judgment (hereinafter, "the principal judgment") awarding damages to Mr Waddell for breach of contract, being non-payment of wages and unpaid leave, and ordered that the defendant pay the plaintiff's costs as agreed or assessed. In the judgment, the Court granted the parties leave to address on any different or special order as to costs, and directed the parties to bring in short minutes. 2The defendant, mathematics.com.au Pty Limited (hereinafter, "MATHS") takes advantage of that leave and seeks an order that the plaintiff pay the defendant's costs of and incidental to the proceedings. The basis for that submission is an offer or offers to compromise the proceedings purportedly made by MATHS to Mr Waddell. There is also a dispute as to the calculation of the damages awarded.