Hardcastle v Santos Limited (No 2) [2017] NSWDC 450

District Court New South Wales

Medium Neutral Citation: Hardcastle v Santos Limited (No 2) [2017] NSWDC 450 Hearing dates: 7 June 2017 Date of orders: 07 June 2017 Decision date: 07 June 2017 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) To the extent that any application for recusal or postponement or stay is made by the plaintiff, those applications are refused. (2) Dismiss the defendants' application for indemnity costs generally, but order that the costs of and incidental to the plaintiff's notice of motion filed 7 February 2017 be assessed on an indemnity basis. (3) Order that the plaintiff's costs of the application today be part of the costs of the proceedings but not be part of the costs of the plaintiff's motion filed 7 February 2017. (4) Note the entitlement of the plaintiff to apply to set aside or vary the orders today under Uniform Civil Procedure Rules 2005 r 36.16(2)(b) (absence of a party) and r 36.16(3A) (application within 14 days of order). Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers – Misconduct of a party Legislation Cited: Uniform Procedure Rules 2005, r 36.16, r 42.7, r 50.7 Cases Cited: Hardcastle v Santos Limited [2017] NSWDC 137 Category: Costs Parties: Philip Julian Hardcastle (plaintiff) Santos Limited (first defendant) Santos NSW Pty Ltd (second defendant) Representation: Counsel: Mr T Bagley (defendants)

Solicitors: Santos Limited (defendants) File Number(s): 2014/338782 Publication restriction: None