Parker v City of Bankstown RSL Community Club Ltd (No. 2) [2014] NSWSC 921

Supreme Court New South Wales

Medium Neutral Citation: Parker v City of Bankstown RSL Community Club Ltd (No. 2) [2014] NSWSC 921 Hearing dates: Written submissions Decision date: 10 July 2014 Jurisdiction: Common Law Before: Adamson J Decision: (1) The plaintiff is to pay the first defendant's costs of the proceedings on the ordinary basis up to and including 19 May 2014 and on an indemnity basis thereafter. (2) The plaintiff is to pay the second and third defendants' costs of the proceedings on the ordinary basis up to and including 11 April 2014 and on an indemnity basis thereafter. Catchwords: COSTS - Calderbank offers - plaintiff had no reasonable appreciation of the strength of the first defendant's defence when the first offer was made but was in a good position to assess her prospects of success with the second offer - unreasonable of plaintiff not to accept first defendant's second offer - plaintiff's failure to accept the second and third defendants' offer required the defendants to expend further sums to defend the proceedings - second and third defendants entitled to costs on a higher basis from day after offer was made Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 20.26, r 42.15A Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Category: Costs Parties: Kathleene Parker (Plaintiff) City of Bankstown RSL Community Club Limited (1st Defendant) Glenda Yee (2nd Defendant) Dennis Reginald Yee (3rd Defendant) Representation: Counsel: M Daley (Plaintiff) R Cavanagh SC (1st Defendant) M White SC/ B Kaplan (2nd & 3rd Defendant) Solicitors: Brydens Compensation Lawyers (Plaintiff) Thompson Cooper Lawyers (1st Defendant) Colin Biggers & Paisley (2nd & 3rd Defendants) File Number(s): 2010/109965 Publication restriction: Nil