Hurford Hardwood Kempsey Pty Ltd v Kempsey Timbers (Sawmilling) Pty Ltd (No 2) [2019] NSWSC 1248

Supreme Court New South Wales

Medium Neutral Citation: Hurford Hardwood Kempsey Pty Ltd v Kempsey Timbers (Sawmilling) Pty Ltd (No 2) [2019] NSWSC 1248 Hearing dates: On the papers; submissions received 12 and 18 September 2019 Decision date: 19 September 2019 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Defendant/cross-claimant to pay the costs of the plaintiff/cross-defendant, excluding its costs of the long service leave issue, on the ordinary basis until 22 October 2018 and on an indemnity basis thereafter Catchwords: COSTS – party/party – exceptions to the general rule that costs follow the event – whether issue on which successful party was unsuccessful were clearly dominant or separable

COSTS – party/party – offer of compromise – term that there be no order as to costs – whether such a term includes an amount for costs or is expressed to be inclusive of costs for the purposes of UCPR r 20.26(2)(c) Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 Hurford Hardwood Kempsey Pty Ltd v Kempsey Timbers (Sawmilling) Pty Ltd [2019] NSWSC 1069 Jojeni Investments Pty Ltd v Mosman Municipal Council (No 2) [2015] NSWCA 208 Network Ten Pty Ltd v TX Australia Pty Ltd (No 2) [2019] NSWCA 51 Category: Costs Parties: Hurford Hardwood Kempsey Pty Ltd (Plaintiff/Cross-Defendant) Kempsey Timbers (Sawmilling) Pty Ltd (First Defendant/Cross-Claimant) Kempsey Timbers Pty Ltd (Second Defendant/Cross-Claimant) Representation: Counsel: M McCall (Plaintiff/Cross-Defendant) R E Quickenden (Defendants/Cross-Claimants)