Polon v Dorian (No 3) [2014] NSWSC 740

Supreme Court New South Wales

Medium Neutral Citation: Polon v Dorian (No 3) [2014] NSWSC 740 Hearing dates: 20 May 2014 and on written submissions Decision date: 03 June 2014 Jurisdiction: Common Law Before: Hall J Decision: (1) The second and fourth defendants to pay the plaintiff's costs of and incidental to the proceedings up to 20 March 2013 on the ordinary basis. (2) The second and fourth defendants to pay the plaintiff's costs of and incidental to the proceedings from 21 March 2013 to the date of judgment on the indemnity basis. (3) Set aside the orders made by Registrar Bradford on 20 August 2012, including, in particular, the partial costs order made against the plaintiff. Catchwords: COSTS - Calderbank offer - defendants unreasonably refused plaintiff's offer - costs awarded on an indemnity basis from the date of offer - setting aside orders made by a registrar - obligations on parties to give proper discovery Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calderbank v Calderbank (1975) 3 WLR 586 House v The King (1936) 55 CLR 499 Jones v Trad (No 3) [2013] NSWCA 463 Kiefel v State of Victoria [2014] FCA 411 Leighton Contractors Pty Ltd v Public Transport Australia of Western Australia [2007] WASC 65 Oberdan v Commonwealth Bank of Australia (1999) 75 SASR 152 Polon v Dorian (No 2) [2014] NSWSC 681 Re McGorm; Ex parte Co-operative Building Society of South Australia (1989) 86 ALR 275 Seven Network News Ltd v News Ltd [2007] FCA 1062 Taylor v Rundell (1841) Cr & Ph 104; 41 ER 429 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 Category: Costs Parties: Hazel Beverley Polon (Plaintiff) David Dorian (First Defendant) Renae Fowler (Second Defendant) Tiernan & Associates Lawyers Pty Ltd (Fourth Defendant) Representation: Counsel: C J Birch SC (Plaintiff) No appearance (First Defendant) D Priestley (Second and Fourth Defendants) Solicitors: TressCox Lawyers (Plaintiff) No appearance (First Defendant) HWL Ebsworth Lawyers (Second and Fourth Defendants) File Number(s): 2010/361702