Baldrudgery Nominees Pty Limited v Landmark Operations Limited [2019] NSWDC 565

District Court New South Wales

Medium Neutral Citation: Baldrudgery Nominees Pty Limited v Landmark Operations Limited [2019] NSWDC 565 Hearing dates: On the papers Date of orders: 08 October 2019 Decision date: 08 October 2019 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) The defendant is to pay the plaintiff's costs of and incidental to the proceedings on an ordinary basis up to and including 20 November 2018.

(2) The plaintiff is to pay the defendant's costs of and incidental to the proceedings on an indemnity basis from 21 November 2018. Catchwords: COSTS - Party/Party - Exceptions to general rule that costs follow the event - Offers of compromise/ Calderbank offers - Interest on costs – where defendant made offer on 20 November 2018 for $140,000 plus costs – where plaintiff obtained judgment on 26 August 2019 for $48,420 plus costs – where defendant disputed liability until first day of hearing at which time liability was conceded – whether indemnity costs order against plaintiff from 21 November 2018 should be limited to costs referrable to the issue of damages – discretion to split costs order Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Conservation Foundation Inc v Forestry Commission of Tasmania (1988) 81 ALR 166 Calderbank v Calderbank [1975] 3 All ER 333 Cretazzo v Lombardi (1975) 13 SASR 4 Griffith v Australian Broadcasting Corporation (No 2) [2011] NSWCA 145 Hendriks v McGeoch [2008] NSWCA 53 Mond v Berger [2004] VSC 150 Richmond River Council v Oshlack (1996) 39 NSWLR 622 Sanders v Snell (No 2) (2000) 174 ALR 53 Texts Cited: Law of Costs, (LexisNexis Butterworths, 4th Ed, 2018) Dal Pont, G.E. Category: Costs Parties: Baldrudgery Nominees Pty Limited (Plaintiff) Landmark Operations Limited (Defendant) Representation: Counsel: Ms E. Peden (Plaintiff) Mr S. Gray (Defendant)