Sharp v Emicon Pty Ltd [2015] NSWSC 175

Sharp v Emicon Pty Ltd [2015] NSWSC 175

Regulation 106 applies as at mediation there was only one defendant; Mr Sharp must bear his own costs regarding Coastwise. Staiger's offer of compromise was not a genuine compromise and so does not entitle Staiger to indemnity costs. Mr Sharp must pay Staiger's costs for his unsuccessful claim but not for the cross claims between Staiger and Coastwise; no Bullock/Sanderson order is justified as Coastwise did not cause Mr Sharp to sue Staiger.

Parties
Plaintiff: Jarrod Sharp; First Defendant: Emicon Pty Ltd; Second Defendant: Coastwise Constructions Pty Ltd; Third Defendant: Staiger Pty Ltd
Jurisdiction
Australia
Judgment Date
10 March 2015
Procedural Posture
Costs Dispute in Personal Injury/employment Litigation / Post Judgment Determination of Costs
Outcome
Plaintiff and second defendant to bear their own costs; plaintiff to pay third defendant's costs of his action against it; no order as to costs of cross claims between second and third defendant.
Legal Topics
Application of Workers Compensation Regulation 2010 Reg 106, Bullock and Sanderson Orders, Indemnity Costs, Offers of Compromise
Costs Workers Compensation Employment Law Application of Workers Compensation Regulation 2010 Reg 106 Bullock and Sanderson Orders Indemnity Costs Offers of Compromise

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Parties

Jarrod Sharp

Plaintiff

Emicon Pty Ltd

First Defendant

Coastwise Constructions Pty Ltd

Second Defendant

Staiger Pty Ltd

Third Defendant

Procedural Posture

Costs Dispute in Personal Injury/employment Litigation / Post Judgment Determination of Costs

Legal Issues

  1. 1 Whether plaintiff is entitled to recover costs from Coastwise under Workers Compensation Regulation 2010 reg 106
  2. 2 Whether plaintiff should pay costs to Staiger Pty Ltd as the unsuccessful party
  3. 3 Whether indemnity costs are triggered by Staiger's offer of compromise

Ratio Decidendi

Regulation 106 applies as at mediation there was only one defendant; Mr Sharp must bear his own costs regarding Coastwise. Staiger's offer of compromise was not a genuine compromise and so does not entitle Staiger to indemnity costs. Mr Sharp must pay Staiger's costs for his unsuccessful claim but not for the cross claims between Staiger and Coastwise; no Bullock/Sanderson order is justified as Coastwise did not cause Mr Sharp to sue Staiger.

Court Disposition

Plaintiff and second defendant to bear their own costs; plaintiff to pay third defendant's costs of his action against it; no order as to costs of cross claims between second and third defendant.

Orders

  • Order the plaintiff and the second defendant respectively to bear his and its own costs of the proceedings.
  • Order the plaintiff to pay the third defendant's costs of the plaintiff's proceedings against the third defendant.