Bailey v Director General, Department of Natural Resources (formerly known as Department of Land and Water Conservation) (No 2) [2014] NSWSC 1227

Supreme Court New South Wales

Medium Neutral Citation: Bailey v Director General, Department of Natural Resources (formerly known as Department of Land and Water Conservation) (No 2) [2014] NSWSC 1227 Hearing dates: Dealt with on the papers Decision date: 05 September 2014 Before: Fullerton J Decision: 1. The plaintiffs pay the defendants' costs of the proceedings on an ordinary basis from 10 November 2006 to 13 May 2011. 2. The plaintiffs pay the defendants' costs of the proceedings on an indemnity basis on and after 14 May 2011, including all reserved costs and costs ordered to be costs in the cause, but that the costs orders made on 21 April 2011, 31 August 2011 and 17 May 2013 be undisturbed. Catchwords: PROCEDURE - costs - offer of compromise Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Limitation Act 1969 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Water Act 1912 (NSW) Cases Cited: Bailey v Director-General Department of Energy Climate Change and Water [2010] NSWSC 979 Bailey v Director General, Department of Natural Resources (formerly known as Department of Land and Water Conservation) [2014] NSWSC 1012 Dean v Stockland Property Management Ltd (No 2) [2010] NSWCA 141 Leichhardt Municipal Council v Green [2004] NSWCA 341 Category: Costs Parties: Bruce Clyde Bailey (1st Plaintiff) Janet Beatrice Shafik-Bailey (2nd Plaintiff) Director General, Department of Natural Resources (formerly known as Department of Land and Water Conservation) (1st Defendant) Water Administration Ministerial Corporation (2nd Defendant) State of NSW (3rd Defendant) Representation: Counsel: PE King/FA Sinclair (Plaintiffs) NJ Williams SC/IL Harvey/JL Roy (Defendants) Solicitors: Hicksons Lawyers (Plaintiffs) Crown Solicitor's Office (Defendants) File Number(s): 2006/267230