Prospect Resources v Molyneux (No.2) [2014] NSWSC 1448

Supreme Court New South Wales

Medium Neutral Citation: Prospect Resources v Molyneux (No.2) [2014] NSWSC 1448 Hearing dates: On the papers Decision date: 27 October 2014 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Defendants' costs to be payable on the indemnity basis from 3 February 2014. Catchwords: PROCEDURE - costs - departing from the general rule - order for costs on indemnity basis - where Calderbank offer made - where Calderbank offer ignored - whether failure to engage with Calderbank offer was unreasonable - whether unreasonable for plaintiff to have commenced proceedings without engaging with the defendants' reasoning in letter sent prior to Calderbank offer was made - where defendants failed to engage with further offers Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Prospect Resources v Molyneux [2014] NSWSC 1096 Calderbank v Calderbank [1975] 3 All ER 333 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Category: Costs Parties: Prospect Resources Limited (Plaintiff) Alexander Molyneux (First Defendant) Blumont Group Ltd (Second Defendant) Pacific Advisers Pty Ltd (Third Defendant) Representation: Counsel: JC Giles (Plaintiff) AC Willinge (First, Second and Third Defendants) Solicitors: Whittens Lawyers and Consultants (Plaintiff) Allion Legal (First, Second and Third Defendants) File Number(s): 2013/360199