Baycorp Capital Ltd v Dex Consulting Pty Limited (No 2) [2015] NSWSC 975

Supreme Court New South Wales

Medium Neutral Citation: Baycorp Capital Ltd v Dex Consulting Pty Limited (No 2) [2015] NSWSC 975 Hearing dates: 24-28 June 2013, 1-5, 22-26 July 2013 Decision date: 21 July 2015 Jurisdiction: Common Law Before: Adams J Decision: The plaintiff is to pay the defendants' costs on an ordinary basis up to and including 12 March 2010 and on an indemnity basis from 13 March 2010. Catchwords: COSTS – general rule that costs follow the event – offer of compromise made by the defendants and rejected by plaintiff – judgment more favourable than terms of offer – costs on indemnity basis from date of offer of compromise Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Baycorp Limited v Dex Consulting Pty Limited [2014] NSWSC 1298 Category: Costs Parties: Baycorp Capital Ltd (Plaintiff) Dex Consulting Pty Limited (First Defendant) Michael James Dutton (Second Defendant) Representation: Counsel: T J Morahan (Plaintiff) S Docker (Defendants)

Solicitors: Lander & Rogers (Defendants) File Number(s): 2009/297619

Judgment

Introduction 1. On 22 September 2014 I gave a judgment for the defendants in the principal action and ordered costs to be determined following submissions: Baycorp Limited v Dex Consulting Pty Limited [2014] NSWSC 1298. The defendants' submissions on costs were made on 12 November 2014. Despite communications from my Chambers to the plaintiff seeking submissions, none have been forthcoming. It is evident that it does not intend to make submissions on the matter and, accordingly, it is to be determined in their absence. 2. The defendants relied on the affidavit of the defendants' solicitor, Mr Hunt, annexing three offers made to the plaintiff to settle the proceedings, respectively dated 12 March 2010, 23 December 2011 and 11 February 2013, together with other correspondence seeking the agreement of the plaintiff to proposed costs orders. This was not forthcoming.