Cook v City of Sydney (No 2) [2016] NSWSC 148

Supreme Court New South Wales

Medium Neutral Citation: Cook v City of Sydney (No 2) [2016] NSWSC 148 Hearing dates: Written submissions Date of orders: 04 March 2016 Decision date: 04 March 2016 Jurisdiction: Common Law Before: Bellew J Decision: The first defendant is to pay the plaintiff's costs of the proceedings, as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – Costs – Offer of compromise – Whether offer was a genuine compromise – Whether order should be made for indemnity costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333; [1975] 3 WLR 586 Cook v City of Sydney [2015] NSWSC 1904 Hobartville Stud v Union Insurance Company (1991) 25 NSWLR 358 Miwa Pty Limited v Siantan Properties Pte Limited (No. 2) [2011] NSWCA 344 Tickell v Trifleska Pty Limited (1990) 25 NSWLR 353 Category: Procedural and other rulings Parties: Jamie Adrian Cook - Plaintiff City of Sydney - First Defendant John Wynyard, Dr Robert Gertler and Professor Nicholas Glozier, as members of the Appeal Panel of Workers Compensation Commission of NSW - Second Defendant Registrar of the Workers Compensation Commission of NSW - Third Defendant Representation: Counsel: M Allars SC – Plaintiff M Blount – First Defendant

Solicitors: Carroll & O'Dea – Plaintiff Bartier Perry – First Defendant File Number(s): 2015/37120 Publication restriction: Nil