Walker v Government Service of New South Wales State Transit Authority Division [2018] NSWSC 30

Supreme Court New South Wales

Medium Neutral Citation: Walker v Government Service of New South Wales State Transit Authority Division [2018] NSWSC 30 Hearing dates: On the papers Date of orders: 01 February 2018 Decision date: 01 February 2018 Jurisdiction: Common Law Before: Harrison J Decision: The plaintiff to pay the defendants' costs in a specified gross sum of $18,500. Catchwords: COSTS – party/party – bases of quantification – ordinary basis – indemnity basis – specified gross sum cost orders – offers of compromise/Calderbank offers – where plaintiff did not accept genuine offer Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4) Cases Cited: Hamod v State of New South Wales [2011] NSWCA 375 Category: Costs Parties: Craig Walker (Plaintiff) Government Service of New South Wales State Transit Authority (First Defendant) Roads and Maritime Services (Second Defendant) Independent Commission Against Corruption (Third Defendant) Department of Premier and Cabinet (Fourth Defendant) Representation: Counsel: E Graham (Defendant)

Solicitors: Lea Armstrong, Crown Solicitor (Defendant) File Number(s): 2016/367380 Publication restriction: Nil

Judgment 1. HIS HONOUR: I published my reasons for judgment in the principal dispute on 14 November 2017: see Walker v Government Service of New South Wales State Transit Authority Division [2017] NSWSC 1528. I dismissed the proceedings and ordered Mr Walker to pay costs. Mr Walker was present in court at that time. The defendants foreshadowed certain special orders as to costs. I directed that the defendants should file and serve a notice of motion in the usual way. 2. By notice of motion filed on 28 November 2017, the defendants sought orders as follows; 1. Pursuant to s 98(4) of the Civil Procedure Act order the plaintiff to pay the defendants' costs in a specified gross sum. 2. The plaintiff to pay the defendants' costs on an indemnity basis from 28 March 2017. 3. Such further or other orders, including the amount of the specified gross sum for the defendants' costs to be paid by the plaintiff, as the Court deems appropriate. 1. The defendants' notice of motion is supported by an affidavit sworn on 28 November 2017 by Bruce Cantrill, a solicitor employed by the Crown Solicitor. Some of Mr Cantrill's evidence is referred to later in these reasons. 2. The proceedings returned before me on 29 November 2017. Mr Walker did not appear on that occasion. I proceeded to make the following orders: 1. Noting that Mr Walker is not present today, I make the following orders: 2. Note that the notice of motion and affidavit in support filed by the defendants was served on the plaintiff on 28 November 2017. 3. Order that the plaintiff file and serve any evidence upon which he proposes to rely by 15 December 2017. 4. Order that the defendants file and serve written submissions by 22 December 2017. 5. Order that the plaintiff file and serve written submissions by 19 January 2018. 6. Note that the Court will deal with the defendants' notice of motion on the papers. 7. Grant liberty to the parties to apply on 3 days' notice. 1. I directed the defendants to provide Mr Walker with a copy of my orders by no later than the close of business on that day. I am informed by Ms Graham of counsel for the defendants that this was done. 2. The defendants' submissions were received by the Court in accordance with the orders that I made. Mr Walker has neither filed any evidence nor any submissions.