Mervyn Christopher McFarland & Anor v Common Australia Pty Ltd (No 2) [2018] NSWDC 427

District Court New South Wales

Medium Neutral Citation: Mervyn Christopher McFarland & Anor v Common Australia Pty Ltd (No 2) [2018] NSWDC 427 Hearing dates: 30, 31 August, 3 -7 September 2018 Date of orders: 07 September 2018 Decision date: 07 September 2018 Jurisdiction: Civil Before: Neilson DCJ Decision: I order the first plaintiff to pay the costs of the defendant and cross-claimant on the ordinary basis until 26 July 2018 and thereafter on an indemnity basis.

I order the second plaintiff to pay the costs of the defendant/cross-claimant on the ordinary basis.

I direct that the costs recoverable not be reduced because the judgments entered were within the jurisdictional limit of the Local Court as the plaintiff's claim was brought in this Court claiming more than the Local Court's jurisdictional limited. Catchwords: CIVIL – COSTS – Claim for indemnity costs – Adequacy of offers made by Defendant Cases Cited: Calderbank v Calderbank [1975] 3 All Eng R 333 Nobrega v Trustees for the Roman Catholic Church for the Archdiocese of Sydney (No. 2) [1999] NSWCA 133 Nu Line Construction Group Pty Ltd v Fowler [2012] NSWSC 816 Rolls Royce Industrial Power (Pacific) Ltd v James Hardie and Coy Pty Ltd [2001] NSWCA 461; (2001) 53 NSWLR 626 Category: Costs Parties: Mervyn Christopher McFarland (First Plaintiff/First Cross-Defendant) Wendy Ann Miller (Second Plaintiff/Second Cross-Defendant) Common Australia Pty Ltd (Defendant/Cross-Claimant) Representation: Counsel: Mr A Fronis (Plaintiffs/Cross-Defendants) Mr C Simpson (Defendant/Cross-Claimants)