Chawla v FAL Healthy Beverages Pty Ltd (No 2) [2017] NSWDC 304

District Court New South Wales

Medium Neutral Citation: Chawla v FAL Healthy Beverages Pty Ltd (No 2) [2017] NSWDC 304 Hearing dates: 25 October 2017 Date of orders: 01 November 2017 Decision date: 01 November 2017 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The plaintiff is to pay the defendant's costs of the proceedings as agreed or assessed except the defendant's costs in relation to the pleaded defence under Clause 30.4 of the employment contract between the plaintiff and the defendant dated 23 November 2015. (2) The application of the defendant for indemnity costs is dismissed. (3) Each party should bear his or its own costs of the application. Catchwords: Costs – application for indemnity costs – offer of compromise – Calderbank letter – defendant did not rely on a significant pleaded defence at trial – appropriate order as to costs Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: AAP Industries Pty Ltd v Rehau Pty Ltd (No 2) [2017] NSWSC 1136 Chawla v FAL Healthy Beverages Pty Ltd [2017] NSWDC 270 Jones v Bradley (No 2) [2003] NSWCA 258 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2008] NSWCA 85 Leichardt Municipal Council v Green [2004] NSWCA 341 McLaughlin v Dungowan Manly Pty Ltd [2010] NSWSC 306 Misek v McBride (No2) [2017] NSWSC 796 Nominal Defendant v Hawkins [2011] NSWCA 9 Perisher Blue Pty Ltd v Nair Smith (No 2) [2015] NSWCA 268 Regency Media v AAV Australia Pty Ltd [2009] NSWCA 386 Russell v Edwards (No 2) [2006] NSWCA 52 Toyota Finance Australia Ltd v Gardiner (No 2) [2016] NSWCA 181 Trustee for the Salvation Army (NSW) Property Trust v Becker (No 2) [2007] NSWCA 194 Category: Costs Parties: Tarun Chawla (Plaintiff) FAL Healthy Beverages Pty Ltd (Defendant) Representation: Counsel: P Lonergan (Plaintiff) T Buterin (Defendant)