Dr Ross Gregory Pedrana v Racing NSW (No 3) [2014] NSWSC 791

Supreme Court New South Wales

Medium Neutral Citation: Dr Ross Gregory Pedrana v Racing NSW (No 3) [2014] NSWSC 791 Hearing dates: 17, 18, 19 December 2013, 4 February 2014, 17 February 2014, 19 March 2014, 24 March 2014 Decision date: 16 June 2014 Jurisdiction: Common Law Before: Rothman J Decision: 1. Motion dismissed; 2. Costs of the motion be costs in the cause. Catchwords: COSTS - application for indemnity costs based on purported Calderbank offer - defendant's offer essentially walk away offer with plaintiff to pay 90% of defendant's assessed costs - plaintiff already had benefit of interlocutory injunction made over opposition of defendant - no substantial compromise - not satisfied Court should depart from ordinary rule. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Anderson Group Pty Ltd v Tynan Motors Pty Ltd (No 2) (2006) 67 NSWLR 706 Calderbank v Calderbank [1975] 3 All ER 333; [1975] 3 WLR 586 Pedrana v Racing NSW (No 1) [2013] NSWSC 2000 Pedrana v Racing NSW (No 2) [2014] NSWSC 462 Singh v Singh (No 2) [2004] NSWSC 225 Category: Consequential orders Parties: Dr Ross Gregory Pedrana (Plaintiff) Dr David Russel Johnson (Plaintiff) Dr Allan Charles Frogley (Plaintiff) Dr Nicholas John Kannegieter (Plaintiff) Dr Christopher Gerard Lawler (Plaintiff) Racing New South Wales (Defendant) Representation: Counsel: TGR Parker SC/OR Jones (Plaintiff) CRC Newlinds SC/JS Emmett (Defendant) Solicitors: Holman Webb Lawyers (Plaintiff) Yeldham Price O'Brien Lusk (Defendant) File Number(s): 2013/372880 Publication restriction: None