Williamson v Carneys Lawyers (No 2) [2015] NSWSC 1175

Supreme Court New South Wales

Medium Neutral Citation: Williamson v Carneys Lawyers (No 2) [2015] NSWSC 1175 Hearing dates: 17 August 2015 Decision date: 17 August 2015 Jurisdiction: Common Law Before: Adamson J Decision: 1. Dismiss the plaintiff's notice of motion filed on 10 August 2015.

2. Order the plaintiff to pay the first and third defendants' costs of the proceedings on an ordinary basis up to an including 22 August 2014 and on an indemnity basis thereafter. Catchwords: COSTS – whether order for costs should be deferred until conclusion of fresh proceedings – no basis for deferral shown – costs ordered on indemnity basis from day after expiry of Calderbank offer – no question of principle Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Williamson v Carneys Lawyers [2015] NSWSC 1080 Category: Costs Parties: Hugh Francis Arthur Williamson (Plaintiff) Carneys Lawyers Pty Ltd (First Defendant) Rabobank Australia Limited (Second Defendant) Wallace Edward Meakes (Third Defendant) Representation: Counsel: Plaintiff in person N Polorotoff (solicitor) (First and Third Defendants)

Solicitors: K&L Gates (First and Third Defendants) File Number(s): 2012/00302629

Judgment

Introduction 1. Following delivery of reasons for judgment in this matter on 5 August 2015 (Williamson v Carneys Lawyers [2015] NSWSC 1080), both the plaintiff and the first and third defendants (the defendants) applied for special costs orders. The plaintiff applied by notice of motion for an order that the costs of these proceedings be reserved pending the outcome of separate proceedings which he has filed in this Court. The defendants applied for indemnity costs associated with an offer they had made to the plaintiff on 25 July 2014, which had not been accepted. 2. Following the hearing of these applications, I refused the plaintiff's application and made an order, on the defendants' application, that the plaintiff pay the defendants' costs of the proceedings on the ordinary basis up to and including 22 August 2014 and on an indemnity basis thereafter. My reasons for these orders follow.