Stefanyszyn v Brown; Brown v Newcastle Private Hospital Pty Limited t/as Newcastle Private Hospital (No 2) [2016] NSWSC 898

Supreme Court New South Wales

Medium Neutral Citation: Stefanyszyn v Brown; Brown v Newcastle Private Hospital Pty Limited t/as Newcastle Private Hospital (No 2) [2016] NSWSC 898 Hearing dates: 24 June 2016 Date of orders: 24 June 2016 Decision date: 24 June 2016 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Judgment in favour of Dr Brown on the cross-claim in the sum of $322,000. (2) The Hospital is to bear Dr Brown's costs, as agreed or assessed. Catchwords: COSTS – indemnity costs order sought - Calderbank offer – whether offer involved a genuine compromise - whether rejection of offer was unreasonable – no departure from usual costs order Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Stefanyszyn v Brown; Brown v Newcastle Private Hospital Pty Limited t/as Newcastle Private Hospital [2016] NSWSC 826 Category: Costs Parties: Walter Stefanyszyn (First Plaintiff) Megan Stefanyszyn (Second Plaintiff) Leigh Stefanyszyn (Third Plaintiff) Dr Oliver Brown (Defendant/Cross-Claimant) Newcastle Private Hospital Pty Limited t/as Newcastle Private Hospital (Cross-Defendant) Representation: Counsel: Mr J Morris SC with Mr B Kelleher (Cross-Claimant) Mr D A Lloyd with Mr M Kalyk (Cross-Defendant)

Solicitors: Norton Rose Fulbright (Cross-Claimant) Kennedys Law (Cross-Defendant) File Number(s): 2011/341409 Publication restriction: None