Suzanne Marie Ryan and Mary Agnes Briggs as executrices of the estate of the late Patrick Joseph Donoghue & Anor v Prenitha Srimath Wikramanayake & Anor (No 2) [2013] NSWSC 1171

Supreme Court New South Wales

Medium Neutral Citation: Suzanne Marie Ryan and Mary Agnes Briggs as executrices of the estate of the late Patrick Joseph Donoghue & Anor v Prenitha Srimath Wikramanayake & Anor (No 2) [2013] NSWSC 1171 Hearing dates: 6 & 7 December 2012 Decision date: 27 August 2013 Jurisdiction: Equity Division Before: Slattery J Decision: Order the plaintiffs to pay the defendants' costs of these proceedings on the ordinary basis prior to 23 November 2012. Order the plaintiffs to pay the defendants' costs of the proceedings on the indemnity basis from 23 November 2012. Catchwords: PROCEDURE - costs - indemnity costs - Calderbank letter served - whether plaintiffs should pay the defendants' costs on the indemnity basis after the Calderbank letter - plaintiffs and defendants have both suffered loss at the hands of a third party - plaintiffs bring proceedings as a matter of principle - whether a costs order should be made in the defendants favour for legal costs incurred prior to the Calderbank letter. Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Illawarra Hotel Co Pty Ltd v Walton Construction Pty Ltd (No 2) [2013] NSWCA 211 Commonwealth of Australia v Gretton [2008] NSWCA 117 Leichhardt Municipal Council v Green [2004] NSWCA 341 Oshlack v Richmond River Council (1998) 193 CLR 72 Ohn v Walton (1995) 36 NSWLR 77 McIlraith v Ilkin [2008] NSWCA 11 Category: Costs Parties: First Plaintiff:- Suzanne Marie Ryan and Mary Agnes Briggs as executrices of the estate of the late Patrick Joseph Donoghue Second Plaintiff:- Suzanne Marie Ryan and Mary Agnes Briggs as executrices of the estate of the late Marie Josephine Donoghue First Defendant: Prenitha Srimath Wikramanayake Second Defendant: Margaret Anne Wikramanayake Representation: Counsel: First & Second Plaintiff:- J. Van Aalst First & Second Defendant:- P. Bolster Solicitors: First & Second Plaintiff: Ian Geddes, Cater & Blumer First & Second Defendant: Robert Tassell, Pikes and Verekers Lawyers File Number(s): 2009/337417 Publication restriction: No