Glenice Bailey v Warwick La Hood [2017] NSWSC 1469

Supreme Court New South Wales

Medium Neutral Citation: Glenice Bailey v Warwick La Hood [2017] NSWSC 1469 Hearing dates: 28 September 2017 Date of orders: 28 September 2017 Decision date: 28 September 2017 Jurisdiction: Common Law Before: Rein J Decision: See [13], [17], [20], [24], [27], [29], [30]. Catchwords: COSTS – whether failure by the plaintiff to accept offers contained in Calderbank letters should lead to an order for indemnity costs – whether an offer of compromise sent by the plaintiff to the defendants could be relied on - whether a specified gross sum order ought to be made, pursuant to s 101(4) of the Civil Procedure Act 2005 (NSW), in relation to the costs payable by the plaintiff to the defendants in circumstances where the defendants have incurred considerable costs successfully defending a hopeless case, the costs assessment process would be protracted and expensive and it is uncertain whether the plaintiff would be able to meet a costs order against her – what the specified gross sum order should be as against the plaintiff – whether interest should be awarded on costs. Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Glenice Bailey v Warwick La Hood [2017] NSWSC 1354 Leichardt Municipal Council v Green [2004] NSWCA 341 Doyle v Hall Chadwick [2012] NSWCA 175 Hamod v State of New South Wales [2011] NSWCA 375 Leary v Leary [1987] 1 WLR 72 Auspine Ltd v Australian Newsprint Mills Ltd [1999] FCA 673 Category: Costs Parties: Glenice Bailey (Plaintiff) Warwick La Hood (First Defendant) Gerrard Toltz (Second Defendant) Representation: Counsel: Self-represented (Plaintiff) H. Grace (Defendants) Solicitors: Yeldham Price O'Brien Lusk (Defendants) File Number(s): 2013/312794 Publication restriction: Nil