Lee v Carlton Crest Hotel (Sydney) Pty Ltd (No 2) [2014] NSWSC 1586

Supreme Court New South Wales

Medium Neutral Citation: Lee v Carlton Crest Hotel (Sydney) Pty Ltd (No 2) [2014] NSWSC 1586 Hearing dates: 6 November 2014 Decision date: 06 November 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The first and fourth defendants pay the plaintiff's costs on a party/party basis up to and including 23 March 2013. (2) The first defendant pay the plaintiff's costs on an indemnity basis after 23 March 2013. (3) The fourth defendant pay the plaintiff's costs on a party/party basis after 23 March 2013. (4) The Court declares that, as between the first and fourth defendants, they are liable to indemnify each other in respect of the party/party costs payable and paid to the plaintiff on the basis that the first defendant is to ultimately bear 75% of those party/party costs and the fourth defendant is to ultimately bear 25% of those party/party costs. Catchwords: COSTS - Calderbank letter - whether invalid offer of compromise was effective as a Calderbank letter - whether unreasonable for defendants to refuse offer - contribution between defendants for plaintiff's costs. Cases Cited: - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Lee v Carlton Crest Hotel (Sydney) Pty Ltd [2014] NSWSC 1280 - Whitney v Dream Developments Pty Ltd [2013] NSWCA 188; 84 NSWLR 311 Category: Costs Parties: Michelle Lee (Plaintiff) Carlton Crest Hotel (Sydney) Pty Ltd (First Defendant) City of Sydney Council (Fourth Defendant) Representation: Counsel: R.A. Cavanagh SC, A.J. Bowen (Plaintiff) J. Sheller (First Defendant) C. Purdy (Fourth Defendant) Solicitors: Beswick Lynch Lawyers (Plaintiff) Thompson Cooper Lawyers (First Defendant) Moray & Agnew (Fourth Defendant) File Number(s): 2009/297394