Piatti v ACN 000 246 542 Pty Ltd & Anor (No. 2) [2019] NSWDDT 8

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Piatti v ACN 000 246 542 Pty Ltd & Anor (No. 2) [2019] NSWDDT 8 Hearing dates: On the papers Date of orders: 06 September 2019 Decision date: 06 September 2019 Before: Russell SC DCJ Decision: (1) Order that the costs payable by the defendants to the plaintiff are to be assessed on the ordinary basis up to and including 3 July 2019; and thereafter on an indemnity basis. (2) Order the defendants to pay the plaintiff's costs of this costs determination; such costs to be assessed on an indemnity basis as they post-date 3 July 2019. Catchwords: COSTS – Offer Of Compromise – plaintiff obtained a judgment no less favourable than the terms of the offer – entitlement to indemnity costs – whether court should otherwise order – exceptional case - substantial injustice – order made for indemnity costs after date of Offer Of Compromise Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Dust Diseases Tribunal Regulation 2013 (NSW) Law Reform (Miscellaneous Provisions) Act 1944 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Hobartville Stud Pty Ltd v Union Insurance Co Ltd (1991) 25 NSWLR 358 at 368 Piatti v ACN 000 246 542 Pty Ltd & Anor [2019] NSWDDT 7 Tickell v Trifleska Pty Ltd (1990) 25 NSWLR 353 Vale v Eggins (No. 2) [2007] NSWCA 12 Category: Costs Parties: Roland Leon Piatti as Legal Personal Representative of the Estate of the Late Charles Rene Abbegglen (Plaintiff) ACN 000 246 542 Pty Ltd (First Defendant) Amaca Pty Limited (Second Defendant) Representation: Counsel: S Tzouganatos (Plaintiff) G Rundle (First Defendant) D A Priestley SC (Second Defendant)