NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Wollongong Coal Limited v PCL (Shipping) Pte Ltd (No 2) [2020] NSWSC 534 Hearing dates: On the papers; submissions 3 and 27 April 2020, 6 May 2020 Date of orders: 11 May 2020 Decision date: 11 May 2020 Jurisdiction: Equity - Commercial Arbitration List Before: Stevenson J Decision: The defendant/cross-claimant pay the plaintiff/cross-defendant's costs of the Cross-Claim in relation to paragraphs 6 to 27 of the Amended Commercial Arbitration List Cross Claim Statement on a party-party basis from 5 July 2019 up to and including 21 January 2020 and thereafter on an indemnity basis, other than the costs of the plaintiff/cross-defendant's notice of motion of 12 February 2020 and the plaintiff/cross-defendant's application for a gross sum costs order.
Application for gross sum costs order refused. Catchwords: COSTS – Calderbank offer – plaintiff achieved better result – whether unreasonable of defendant not to accept the offer Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Wollongong Coal Ltd v PCL (Shipping) Pte Ltd [2020] NSWSC 184 Category: Costs Parties: Wollongong Coal Ltd (Plaintiff/Cross Defendant) PCL (Shipping) Pte Ltd (Defendant/Cross Claimant) Representation: Counsel: C H Withers with P A Meagher (Plaintiff) J A Hogan-Doran with C L W Street (Defendant)
Solicitors: Thomson Geer (Plaintiff) Norton White (Defendant) File Number(s): 2017/00186881
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