Mainteck Services Pty Limited v Stein Heurtey SA and Stein Heurtey Australia Pty Ltd [2013] NSWSC 1563

Mainteck Services Pty Limited v Stein Heurtey SA and Stein Heurtey Australia Pty Ltd [2013] NSWSC 1563

The court had jurisdiction under the slip rule (UCPR r 36.17) to correct its earlier costs order, as the exclusion of Variation Claims from the indemnity cost order was due to a misunderstanding of the parties' positions, and a global Calderbank offer warranted the indemnity costs to apply to all issues after the offer date.

Parties
Plaintiff: Mainteck Services Pty Limited; First Defendant: Stein Heurtey SA; Second Defendant: Stein Heurtey Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
25 October 2013
Procedural Posture
Application to Correct Costs Judgment (slip Rule) / Post Judgment Application Regarding Costs
Outcome
Application granted; correction to previous costs order to apply indemnity costs to entirety of proceedings after 2 July 2010, including Variation Claims.
Legal Topics
Slip Rule, Costs, Calderbank Offers, Indemnity Costs, Correction of Judgment
Civil Procedure Slip Rule Costs Calderbank Offers Indemnity Costs Correction of Judgment

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Parties

Mainteck Services Pty Limited

Plaintiff

Stein Heurtey SA

First Defendant

Stein Heurtey Australia Pty Ltd

Second Defendant

Procedural Posture

Application to Correct Costs Judgment (slip Rule) / Post Judgment Application Regarding Costs

Legal Issues

  1. 1 Whether the court can apply the slip rule to correct an error in a costs order arising from a misapprehension of counsel's position regarding the Variation Claims

Ratio Decidendi

The court had jurisdiction under the slip rule (UCPR r 36.17) to correct its earlier costs order, as the exclusion of Variation Claims from the indemnity cost order was due to a misunderstanding of the parties' positions, and a global Calderbank offer warranted the indemnity costs to apply to all issues after the offer date.

Court Disposition

Application granted; correction to previous costs order to apply indemnity costs to entirety of proceedings after 2 July 2010, including Variation Claims.

Orders

  • Parties to provide short minutes of order giving effect to the correction.