Jay v Baker (No 2); State of NSW (TAFE NSW Previously TAFE Commission) v Baker (No 2) [2018] NSWDC 354

District Court New South Wales

Medium Neutral Citation: Jay v Baker (No 2); State of NSW (TAFE NSW Previously TAFE Commission) v Baker (No 2) [2018] NSWDC 354 Hearing dates: 22 November 2018 Date of orders: 27 November 2018 Decision date: 27 November 2018 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) In the 2015 proceedings: (a) Order (2) made on 25 September 2018 is varied only to the extent that the plaintiff is to pay the costs thrown away of and occasioned by the adjournment of the hearing dates on 5, 6 and 7 December 2017. (b) The plaintiff is to pay the defendant's costs of the costs application heard on 22 November 2018. (c) Liberty to the parties to apply within seven days for a different costs order to that in (b) above. (2) In the 2016 proceedings: (a) Order (4) made on 25 September 2018 is varied only to the extent that the defendants are not to pay the plaintiff's costs thrown away of and occasioned by the adjournment of the hearing dates on 5, 6 and 7 December 2017. (b) The plaintiff is to pay the defendants' costs of the costs application heard on 22 November 2018. (c) Liberty to the parties to apply within seven days for a different costs order to that in (b) above. Catchwords: Costs - costs relating to proceedings previously adjourned due to various matters including late service of medical reports – whether offer a valid offer of compromise under the rules – whether offer of compromise could be seen as a Calderbank offer Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 Jay v Baker [2018] NSWDC 270 Leach v Nominal Defendant (QBE Insurance (Australia) Pty Ltd (No 2) [2014] NSWCA 391 South Eastern Sydney Area Health Service v Gadiry [2002] NSWCA 161 Toyota Finance Australia Limited v Gardiner (No 2) [2016] NSWCA 181 Whitney v Dream Developments Pty Ltd (2013) 84 NSWLR 311; [2013] NSWCA 188 Category: Costs Parties: Katrina Marie Jay (Plaintiff 2015/193834) State of NSW (TAFE NSW Previously TAFE Commission) (Plaintiff 2016/26942) Edward Baker (Defendant 2015/193834; First Defendant 2016/26942) Wendy Elizabeth Baker (Second Defendant 2016/26942) Representation: Counsel: K Andrews (Plaintiff 2015/193834) (written submissions); R Brown (oral submissions) I Todd (Plaintiff 2016/26942) L McFee (Defendants)