WK Marble & Granite Pty Ltd v JKE Holdings Pty Ltd (No 2) [2013] NSWDC 310

District Court New South Wales

Medium Neutral Citation: WK Marble & Granite Pty Ltd v JKE Holdings Pty Ltd (No 2) [2013] NSWDC 310 Hearing dates: On the papers Decision date: 18 October 2013 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Plaintiff to pay the second defendant's costs arising from the matter of the undertaking raised in the plaintiff's undated submissions entitled "Plaintiff's Submissions on Costs". (2) Subject to order 1, the second defendant to pay the plaintiff's costs on an indemnity basis. Catchwords: COSTS - indemnity costs - Calderbank offers - whether capable of immediate acceptance - whether rejection was reasonable - whether sufficient time for acceptance - contractual provision for solicitor/client costs UNDERTAKING - acceptance - whether raised in time Legislation Cited: Uniform Civil Procedure Rules 2005, r 18.1, r 18.2, r 42.1, r 42.5 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service (No 3) [2010] NSWSC 1139 Pelechowski v Registrar, The Court of Appeal NSW (1999) 198 CLR 435 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Costs Parties: WK Marble & Granite Pty Limited (ACN 074 331 981) (plaintiff) JKE Holdings Pty Limited (ACN 099 561 387) (first defendant) Bahia Elia (second defendant) Joe Elia (third defendant) Karen Elia (fourth defendant) Representation: Mr C E Bannan (plaintiff) Mr M Auld (second defendant) Eakin McCaffery Cox Lawyers (plaintiff) JK Solicitors (second defendant) File Number(s): 2011/326421 Publication restriction: No