Macquarie International Health Clinic Pty Ltd v Sydney Local Health District; Sydney Local Health District v Macquarie Health Corporation Ltd (No 12) [2019] NSWSC 916

Supreme Court New South Wales

Medium Neutral Citation: Macquarie International Health Clinic Pty Ltd v Sydney Local Health District; Sydney Local Health District v Macquarie Health Corporation Ltd (No 12) [2019] NSWSC 916 Hearing dates: 9 December 2016; 14 February 2017; 4, 20 October 2017; 13, 16, 17 November 2017; 18 December 2017; 9 May, 21 June 2019. Decision date: 17 July 2019 Jurisdiction: Equity Before: Kunc J Decision: Application to re-open refused; gross sum costs order made; parties to bring in short minutes to finalise damages enquiry Catchwords: COSTS - Party/Party - Bases of quantification - Factors relevant to the court's discretion when quantifying costs – Whether gross sum costs order should be made where successful plaintiff was liable to defendant under several interlocutory costs orders – Civil Procedure Act 2005 (NSW), s 98(4)(b)

COSTS - Party/Party - Exceptions to general rule that costs follow the event - Offers of compromise/Calderbank offers – Plaintiff succeeds on basis not pleaded at the time defendant rejected Calderbank offer – Plaintiff's application for indemnity costs from date of Calderbank offer rejected

COSTS - Party/Party - General rule that costs follow the event - Proceedings discontinued or dismissed – Plaintiff (in effect cross-claimant) to pay defendant's costs on the indemnity basis where claim not pressed after Court declines to deal with claim on the papers

DAMAGES - Measure and remoteness of damages in actions for tort - Measure of damages - Assessment of mesne profits for trespass by landlord against tenant where rights included 103 year lease to build and operate car park and private hospital – Damages assessed as at date cause of action arose