Building Partners Pty Ltd v AEA Constructions Pty Ltd [2018] NSWSC 1033

Supreme Court New South Wales

Medium Neutral Citation: Building Partners Pty Ltd v AEA Constructions Pty Ltd [2018] NSWSC 1033 Hearing dates: On the papers Date of orders: 04 July 2018 Decision date: 04 July 2018 Jurisdiction: Common Law Before: Fagan J Decision: The plaintiff's costs of the proceedings including the cross-claim under the orders of 22 May 2018 are to be paid on the ordinary basis up to 23 December 2016 and on the indemnity basis from 24 December 2016. Catchwords: COSTS – party/party – bases of quantification – indemnity costs – proceedings by employer for indemnity for workers compensation benefits paid – judgment in related proceedings finding negligence of defendant causing personal injury to worker – Calderbank offer made by plaintiff – where offer open for 5 weeks – where offer involved elements of compromise – where offer rejected by defendant – whether rejection unreasonable – costs awarded on indemnity basis from date of offer Legislation Cited: Workers Compensation Act 1987 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Wharekawa v AEA Constructions Pty Ltd [2018] NSWSC 684 Category: Costs Parties: Building Partners Pty Ltd (plaintiff) AEA Constructions Pty Ltd (defendant) Representation: Counsel: Mr Morris SC/Mr John Catsanos (plaintiff) Mr John Maconachie QC/Mr Mitchell Davis (defendant)

Solicitors: Stephen Lee, Stephen Lee Legal (plaintiff) Bryan McMahon, McMahons Lawyers (defendant) File Number(s): 2016/129877