Menz v Wagga Wagga Show Society Inc (No 4) [2019] NSWSC 1369

Supreme Court New South Wales

Medium Neutral Citation: Menz v Wagga Wagga Show Society Inc (No 4) [2019] NSWSC 1369 Hearing dates: 23 September 2019 Date of orders: 29 October 2019 Decision date: 29 October 2019 Jurisdiction: Common Law Before: Bellew J Decision: (1) The order made on 20 May 2019 requiring the plaintiff to pay the defendant's costs as agreed or assessed is vacated. (2) The plaintiff is to pay the defendant's costs on the ordinary basis to 29 March 2016, and on an indemnity basis from 30 March 2016 onwards. Catchwords: COSTS – Offers of compromise – Where plaintiff brought proceedings against the defendant in negligence – Where the proceedings failed and a verdict and judgment were entered in favour of the defendant – Where the defendant sought special costs order on the basis of three offers of compromise served on the plaintiff – Where defendant had defaulted in respect of a number of earlier orders for the service of expert evidence – Where plaintiff asserted that she was not in a position to consider any of the offers in light of the repeated defaults on the part of the defendant – Where the issues were defined by the pleadings – Two of the three offers substantial – Nothing preventing the plaintiff from giving proper consideration to each offer – Orders sought by the defendant made Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Civil Liability Act 2002 (NSW) Cases Cited: Menz v Wagga Wagga Show Society Inc [2018] NSWSC 1326 Menz v Wagga Wagga Show Society Inc (No.1) [2018] NSWSC 1446 Menz v Wagga Wagga show Society Inc (No 3) [2019] NSWSC 541 Morgan v Johnson (1998) 44 NSWLR 578 Category: Costs Parties: Kerrie Anne Menz – Plaintiff Wagga Wagga Show Society Inc – Defendant Representation: Counsel: J A Hillier – Plaintiff Mr I Griscti – Defendant