Drummond v Gordian Runoff Ltd (No 2)

[2023] NSWSC 731

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Precedent
2. › whether NCAT decisions binding on tribunal
3. › whether District Court judgments binding on NCAT
4. › principles at [21]
5. › neither binding but legally persuasive.
1. Costs
2. › plaintiffs sue insurer for $215,000 in NCAT
3. › case turns on legal issue already determined by NCAT and District Court in insurer’s favour
4. › insurer makes Calderbank offer when serving defence
5. › $10,000 inclusive
6. › insurer does not refer to NCAT and District Court decisions
7. › no evidence plaintiffs aware of these decisions
8. › rejection of offer not unreasonable in circumstances.
1. Costs
2. › offer of compromise
3. › ‘walk away’
4. › proceedings on foot for a year
5. › legal issues fully ventilated
6. › application of Regency Media considered at [28]-[31].