Andrews Advertising Pty Ltd v David Andrews (No. 2) [2014] NSWSC 599

Supreme Court New South Wales

Medium Neutral Citation: Andrews Advertising Pty Ltd v David Andrews (No. 2) [2014] NSWSC 599 Hearing dates: On the papers Decision date: 16 May 2014 Jurisdiction: Equity Division Before: Darke J Decision: The Court makes the following orders: 1That the second and fifth defendants pay the plaintiff the sum of $233,108.27. 2That the second defendant pay the plaintiff the sum of $324,603.56. 3That pursuant to s 100(1) of the Civil Procedure Act 2005 (NSW), the second and fifth defendants pay the plaintiff the sum of $44,213.02 (being interest on the sum in order 1 above up to and including 16 May 2014). 4That pursuant to s 100(1) of the Civil Procedure Act 2005 (NSW), the second defendant pay the plaintiff the sum of $61,567.06 (being interest on the sum in order 2 above up to and including 16 May 2014). 5That the cross-claim be dismissed. 6That the second and fifth defendants are jointly and severally liable to pay the plaintiff's costs of the proceedings on the following basis: (a) that the second defendant pay the plaintiff's costs of the proceedings up to and including 26 August 2012 on the ordinary basis, and the plaintiff's costs of the proceedings from 27 August 2012 on an indemnity basis; and (b) that the fifth defendant pay the plaintiff's costs of the proceedings on the ordinary basis. 7That the plaintiff pay the fourth defendant's costs of the proceedings on the ordinary basis. Catchwords: COSTS - indemnity costs - Calderbank offer - whether genuine offer of compromise - whether unreasonable to reject offer Legislation Cited: Civil Procedure Act 2005 (NSW) ss 98(1)(c), 100(1) Uniform Civil Procedure Rules 2005 r 42.2 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No.2) (2005) VSCA 298; [2005] 13 VR 435 Miwa Pty Ltd v Siantan Properties Pte Ltd (No.2) [2011] NSWCA 344 Category: Principal judgment Parties: Andrews Advertising Pty Limited (Plaintiff)