Australian Defence Apparel Pty Limited v Graham & Anor [2019] NSWSC 1162

Supreme Court New South Wales

Medium Neutral Citation: Australian Defence Apparel Pty Limited v Graham & Anor [2019] NSWSC 1162 Hearing dates: 27 August 2019 Decision date: 06 September 2019 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: See para [59] - Conclusion Catchwords: COSTS- costs in context of offer of compromise – r 20.27(3) Uniform Civil Procedure Rules 2005 (NSW)- r 42.13A Uniform Civil Procedure Rules 2005 (NSW)

CIVIL PROCEDURE- offer of compromise- offer and acceptance – terms of offer- proceedings be otherwise dismissed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Johnston v Johnston [2016] NSWCA 52 Texts Cited: n/a Category: Costs Parties: Australian Defence Apparel Pty Limited (plaintiff) Matthew Graham (first defendant) Unisync Group Limited (second defendant) Representation: Counsel: Ms M Painter SC, Ms R White (plaintiff) T Brennan (first defendant) D Mahendra (second defendant)

Solicitors: Littler Mendleson PC (plaintiff) Kennedys (first defendant) Herbert Smith Freehills (second defendant) File Number(s): 2019/157499

Judgment

Procedural background 1. Initially this matter concerned a claim by the plaintiff (Australian Defence Apparel) that the first defendant (Matthew Graham) had, in essence, breached various terms of his employment agreement by commencing work with the second defendant (Unisync Group). 2. The matter was set down for hearing before me on 9 August 2019. 3. On 6 August I was informed that the parties had settled the matter in principle. 4. Also on 6 August by way of notice of motion, the plaintiff requested that judgment be entered for the plaintiff in particular terms. The matter was relisted before me to determine whether judgment should be entered for the plaintiff or the defendants as well as the appropriate costs order. 5. The motion was heard on 27 August 2019.