Sorbello v South Western Sydney Local Health Network; Sultan v South Western Sydney Local Health Network (No 2) [2016] NSWSC 1496

Supreme Court New South Wales

Medium Neutral Citation: Sorbello v South Western Sydney Local Health Network; Sultan v South Western Sydney Local Health Network (No 2) [2016] NSWSC 1496 Hearing dates: 13 October 2016 and further written submissions Date of orders: 24 October 2016 Decision date: 24 October 2016 Jurisdiction: Common Law Before: Schmidt J Decision: (1) The Health Network is to pay Ms Sorbello and Mr Sultan's costs, as agreed or assessed to 9 February 2016. (2) Thereafter the Health Network is to pay their costs on an indemnity basis for: (i) the costs thrown away as the result of the failure to admit the issues of causation and breach; (ii) In Ms Sorbello's case, for all costs incurred after her 13 April 2016 offer; and (iii) In Mr Sultan's case, for all costs incurred from 25 May, the day after the 24 May offer of compromise. (3) All exhibits and subpoenaed material may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined. Catchwords: COSTS – departing from the general rule – indemnity costs order sought – failure to conduct litigation in accordance with its statutory obligations – Calderbank offers – discretion to make indemnity costs order established – orders made Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ainger v Coffs Harbour City Council (No 2) [2007] NSWCA 212 Buksh by his next friend Buksh v South Western Sydney Local Health Network [2016] NSWSC 649 Chaina v Alvaro Homes Pty Ltd [2008] NSWCA 353 Maitland Hospital v Fisher (No 2) (1992) 27 NSWLR 721 Curtis v Harden Shire Council (No 2) [2015] NSWCA 45 Huntsman Chemical Co Australia Ltd v International Pools Australia Ltd (1995) 36 NSWLR 242 Lahoud v Lahoud [2006] NSWSC 126 McMahon v John Fairfax Publications Pty Ltd [2010] NSWCA 308 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Seller v Jones [2014] NSWCA 19 Sorbello v South Western Sydney Local Health Network; Sultan v South Western Sydney Local Health Network [2016] NSWSC 863 South Eastern Sydney Area Health Service & Anor v King [2006] NSWCA 2 South Eastern Sydney Area Health Service & Anor v King (No 2) [2006] NSWCA 73 Category: Costs Parties: Rosemary Sorbello (Plaintiff) South Western Sydney Local Health Network (Defendant)