Webber v Comcare (No. 2) [2018] NSWDDT 12

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Webber v Comcare (No. 2) [2018] NSWDDT 12 Hearing dates: 14 December 2018 Date of orders: 20 December 2018 Decision date: 20 December 2018 Before: Russell SC DCJ Decision: (1) Dismiss the plaintiff's application for indemnity costs. (2) Order each party to pay his or its own costs of the further costs application made on 14 December 2018. Catchwords: COSTS – Calderbank offer – whether sufficient time allowed for consideration, having regard to time when crucial evidence was served – whether rejection of the offer was unreasonable given that there was a complex and novel legal issue in the case. Cases Cited: Commonwealth v Gretton [2008] NSWCA 117 County Securities Pty Limited v Challenger Group Holdings Pty Limited (No. 2) [2008] NSWCA 273 Equity 8 Pty Limited v Shaw Stockbroking Limited [2007] NSWSC 503 Evans Shire Council v Richardson (No. 2) [2006] NSWCA 61 King Network Group Pty Limited v Club of the Clubs Pty Limited (No. 2) MGICA (1992) Pty Limited v Kenny & Good Pty Limited (No. 2) (1996) 70 FCR 236 Nationwide News Pty Limited v Naidu [2007] NSWCA 377; (2007) 71 NSWLR 471 Ofria v Cameron (No. 2) [2008] NSWCA 242 Vale v Eggins (No. 2) [2007] NSWCA 12 Webber v Comcare [2018] NSW DDT 10 Category: Costs Parties: Kevin Webber (Plaintiff) Comcare (Defendant) Representation: Counsel: A Giurtalis (Plaintiff) G Watson SC (Defendant)