Macey v Macquarie Generation & HIS Engineering Pty Ltd - No 2 [2007] NSWDC 296

Macey v Macquarie Generation & HIS Engineering Pty Ltd - No 2 [2007] NSWDC 296

The defendant's claims for indemnity costs against the plaintiff and for the plaintiff to pay costs of the cross claim arose from contractual arrangements between the defendant and cross defendant and were irrelevant to the plaintiff. The cross defendant's reliance on a Calderbank offer did not justify indemnity costs because the court lacked information about the costs component and could not determine whether the offer was reasonable or its rejection unreasonable. Costs were therefore ordered on an ordinary basis.

Jurisdiction
Australia
Judgment Date
29 November 2007
Procedural Posture
Costs / Costs Decision After Reasons for Judgment; Pending Appeal
Outcome
Costs ordered on an ordinary basis; exhibits retained for 28 days.
Legal Topics
['costs' 'indemnity Costs' 'ordinary Costs' 'calderbank Offer' 'cross Claim']
['civil Procedure'] ['costs' 'indemnity Costs' 'ordinary Costs' 'calderbank Offer' 'cross Claim']

Case Brief

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Procedural Posture

Costs / Costs Decision After Reasons for Judgment; Pending Appeal

Legal Issues

  1. 1 ['Whether the defendant should have indemnity costs against the plaintiff.' "Whether the plaintiff should pay the defendant's costs of the cross claim." 'Whether the cross defendant should receive costs of the dismissed cross claim on an ordinary basis up to 4 October 2007 and on an indemnity basis thereafter.']

Ratio Decidendi

The defendant's claims for indemnity costs against the plaintiff and for the plaintiff to pay costs of the cross claim arose from contractual arrangements between the defendant and cross defendant and were irrelevant to the plaintiff. The cross defendant's reliance on a Calderbank offer did not justify indemnity costs because the court lacked information about the costs component and could not determine whether the offer was reasonable or its rejection unreasonable. Costs were therefore ordered on an ordinary basis.

Court Disposition

Costs ordered on an ordinary basis; exhibits retained for 28 days.

Orders

  • ["Plaintiff to pay the defendant's costs of the proceedings against the defendant on an ordinary basis." "Defendant to pay the cross defendant's costs on an ordinary basis." 'Exhibits will be retained for 28 days.']