In the matter of Webster Consolidated (Holdings) Pty Ltd [2016] NSWSC 378

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Webster Consolidated (Holdings) Pty Ltd [2016] NSWSC 378 Hearing dates: 4 March 2016 Decision date: 05 April 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Plaintiff's application for indemnity costs be dismissed. Order that Defendant pay costs of and incidental to determination of application for transfer of proceedings to Family Court of Australia on the ordinary basis as agreed or as assessed. The Plaintiff to pay Defendant's costs of and incidental to the costs application on the ordinary basis as agreed or as assessed. Catchwords: PROCEDURE — Costs — Order sought for costs on indemnity basis – where Calderbank offer not accepted by unsuccessful Defendant – whether it was unreasonable for Defendant not to accept the offer. Cases Cited: - Calderbank v Calderbank [1975] 3 All ER 333 Jones v Bradley (No 2) [2003] NSWCA 258 - Lahoud v Lahoud [2011] NSWSC 1186 - Lawrence v Gunner; Gunner v Lawrence [2015] NSWSC 1229 - NMFM Property Pty Limited v Citibank Limited [2001] FCA 480; (2001) 187 ALR 654 - Nu Line Construction Group Pty Limited v Fowler (aka Grippaudo) [2012] NSWSC 816 - Re Hair Industrie Penrith Pty Ltd, Hair Industrie Merrylands Pty Ltd [2015] NSWSC 1905 - SMEC Testing Services Pty Ltd v Campbelltown City Council [2009] NSWCA 323 Category: Costs Parties: Webster Consolidated (Holdings) Pty Ltd (Plaintiff) Anthony Hugh Webster (Defendant) Representation: Counsel: I Leong (Plaintiff) R White (Defendant)