Andromedas v Truong (No 2) [2017] NSWDC 449

District Court New South Wales

Medium Neutral Citation: Andromedas v Truong (No 2) [2017] NSWDC 449 Hearing dates: 1 February 2017 Date of orders: 03 February 2017 Decision date: 03 February 2017 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Defendant to pay 75% of the plaintiff's costs up to the date of judgment. (2) Defendant to pay the plaintiff's costs from date of judgment to today. (3) Note that this costs order operates to conclude the stay contained in order (4) made on 9 December 2016. (4) I note the offer of the interpartes undertaking given by the plaintiff's solicitor to the defendant and the defendant's insurer in the form of the document marked with a circularised A and initialled and dated today by me; I also note the defendant's and the defendant's insurer's acceptance of that undertaking and that the undertaking is given by the plaintiff's solicitor. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers Legislation Cited: Civil Procedure Act 2005, s 60 Uniform Civil Procedure Rules 2005, Pt 42, r 20.26, r 42.1, r 42.15, r 42.35 Workers Compensation Act 1987, s 151Z Cases Cited: Andromedas v Truong [2016] NSWDC 330 Calderbank v Calderbank [1975] 3 WLR 586 Elite Protective Personnel Pty Ltd & Anor v Salmon [2007] NSWCA 322 Little v Saunders [2004] NSWSC 655 Vieira v O'Shea (No 2) [2012] NSWCA 121 Wende v Horwath (No 2) [2015] NSWCA 416 Whitney v Dream Developments Pty Ltd [2013] NSWCA 188 Category: Costs Parties: Angela Andromedas - plaintiff Kien Hue Truong - defendant Representation: Counsel: Ms J McDonald - plaintiff