Leslie Corbett v South 32 Limited (No 3) [2018] NSWDC 394

District Court New South Wales

Medium Neutral Citation: Leslie Corbett v South 32 Limited (No 3) [2018] NSWDC 394 Hearing dates: 21 November 2018 Date of orders: 21 November 2018 Decision date: 21 November 2018 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Allfab Constructions Pty Limited's application dismissed. (2) No order as to the costs of the application. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise and Calderbank offers Legislation Cited: Uniform Civil Procedure Rules 2005, Pt 42, r 42.1, r 42.7 Cases Cited: Alexander v Australian Community Pharmacy Authority (No 3) [2010] FCA 506 Brookfield Multiplex Ltd v International Litigation Funding Partners Pte Ltd (No 4) [2009] FCA 803 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298 Leichardt Municipal Council v Green [2004] NSWCA 341 Leslie Corbett v South 32 Limited [2018] NSWDC 179 Leslie Corbett v South 32 Limited (No 2) [2018] NSWDC 232 Noon & Anor v Bondi Beach Astra Retirement Village Pty Ltd & Anor (No 2) [2010] NSWCA 285 Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd [2011] FCAFC 53 Szencorp Pty Ltd v Clean Energy Council Limited (No 2) [2009] FCA 196 Taheri v Vitek (No 2) [2014] NSWCA 344 Category: Costs Parties: Leslie Corbett (plaintiff) South 32 Limited (first defendant/first cross-claimant/first cross-defendant to third cross-claim) Illawarra Coal Holdings Pty Limited (second defendant/second cross-claimant/second cross-defendant to third cross-claim) Endeavour Coal Pty Limited (third defendant/third cross-defendant to third cross-claim/fourth cross-claimant) Allfab Constructions Pty Limited (fourth defendant/cross-defendant to first, second and fourth cross-claims/third cross-claimant) Representation: Counsel: Ms D Tang (first, second and third defendants) Mr D Talintyre (fourth defendant)