Perricoota Boat Club Investments Pty Limited v Anthony Rupert Watson [2014] NSWSC 428

Supreme Court New South Wales

Medium Neutral Citation: Perricoota Boat Club Investments Pty Limited v Anthony Rupert Watson [2014] NSWSC 428 Hearing dates: 9 April 2014 Decision date: 09 April 2014 Jurisdiction: Equity Division Before: Young AJA Decision: The first defendant to pay the plaintiff the sum of $60,000 plus interest in the amount of $23,495.75 in relation to the Second Land Contract. The first defendant pay to the plaintiff the sum of $225,000 plus interest in the amount of $88,109.08 in relation to the Second Mooring Contract. The first defendant pay the plaintiff's costs of the proceeding on the ordinary basis up to 4 September 2011 and on an indemnity basis from 5 September 2011. The plaintiff to pay the costs of the second defendant, but the costs be paid by the first defendant to the plaintiff are to include the costs payable by the first defendant to the second defendant. Leave to the first defendant to amend it's cross-claim, provided that a draft is served on the plaintiff/cross-defendant no later than 24 May 2014. Dismiss the cross claim against the second defendant. Catchwords: COSTS - calderbank letter - indemnity costs - defendant joined as necessary party by plaintiff at insistence of another defendant - Sanderson order Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Perricoota Boat Club Investments Pty Limited v Anthony Rupert Watson [2014] NSWSC 378 Calderbank v Calderbank [1975] 3 All ER 333 Category: Costs Parties: Perricoota Boat Club Investments Pty Ltd (Plaintiff) Anthony Rupert Watson (1st Defendant) Hillington Valley Pty Ltd (2nd Defendant) Representation: Counsel: Mr W. Alstergren QC, Mr D. Briggs (Plaintiff) Mr M. Gunning (1st Defendant) Mr M. Pesman SC (2nd Defendant) Solicitors: Bizlaw (Plaintiff) Dawes & Vary (1st Defendant) ERA Legal (2nd Defendant) File Number(s): 2009/291115 Publication restriction: None