Hashman v Australian Medico-Legal Group Pty Ltd & anor; Claireleigh Mosman Pty Ltd & anor v Australian Medico-Legal Group Pty Ltd [2017] NSWSC 496

Supreme Court New South Wales

Medium Neutral Citation: Hashman v Australian Medico-Legal Group Pty Ltd & anor; Claireleigh Mosman Pty Ltd & anor v Australian Medico-Legal Group Pty Ltd [2017] NSWSC 496 Hearing dates: Written submissions, closed 21 December 2016 Date of orders: 01 May 2017 Decision date: 01 May 2017 Jurisdiction: Equity Before: Brereton J Decision: In proceedings 15/187123: (1) pursuant to UCPR r 36.17, the judgment given on 7 December 2016 be corrected by substituting the sum of $326,979.66 for the sum of $329,094.66; (2) the defendant pay the costs of both plaintiffs of the proceedings, including of the second plaintiff's joinder application.

In proceedings 14/170226, the Court orders that: (3) The second defendant pay the plaintiff's costs of the proceedings. Catchwords: COSTS – oppression suit – where both parties seek compulsory purchase order – where only issue is price – where price determined at point between those contended for by each party – held, as plaintiff had to litigate to secure price superior to defendant's offer, plaintiff substantially succeeded and entitled to costs.

COSTS – indemnity costs – where plaintiff bettered Calderbank offer made shortly before trial – where offer made later and open shorter than permissible for formal offer of compromise – held, insufficient reason to give plaintiff benefit of offer which could not be made as formal offer under the rules. Legislation Cited: (NSW) Uniform Civil Procedure Rules 2005, r 20.26(5)(a), (b), r 36.17. Cases Cited: Hashman v Australian Medico-Legal Group Pty Ltd & anor; Claireleigh Mosman Pty Ltd & anor v Australian Medico-Legal Group Pty Ltd [2016] NSWSC 1773 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2008] NSWCA 85 Category: Costs Parties: 2014/170226: Edmund Ian John Hashman (plaintiff) Australian Medico-Legal Group Pty Ltd (first defendant) Mandy Dorothy Holland (second defendant)