133 Goulburn Street

PROCEDURE - costs - departing from the general rule - general discretion as to costs - whether the court should "order otherwise" as to costs where plaintiff unsuccessful on several claims - application of Uniform Civil Procedure Rules 2005 (NSW) r 42.14 PROCEDURE - costs - costs of mediation - where mediation undertaken at consent direction of the Court - whether costs of mediation are costs in the proceedings PROCEDURE - costs - departing from the general rule - offers of compromise and Calderbank offers - Whether unreasonable for defendants to reject offers of compromise and Calderbank offers where minimal evidence served at the time of the offer - whether unreasonable for defendants to reject offers of compromise and Calderbank offers where no indication of costs incurred PROCEDURE - costs - departing from the general rule - whether costs should be apportioned in cases where there are numerous claims - whether costs should be apportioned where parties have entire or substantial success on some claims but not others - whether costs should be apportioned in relation to discrete claims - how costs can reflect in a practical way the extent to which each of the parties were successful on different claims PROCEDURE - costs - Interest on costs - whether interest on costs should be granted where no explanation before the court for delay in proceedings - whether there is a need for explanation before an interest on costs order in relation to unexplained and extreme delay can be made - application of s 101 Civil Procedure Act 2005 (NSW)

BUILDING AND CONSTRUCTION - Referees' Reports - adoption - whether referee took correct approach in reaching his determination - whether to adopt referee's report with variations PROCEDURE - Interest - Prejudgment interest - whether delay warrants a reduction in the rate of interest under Civil Procedure Act 2005 or in the time for which interest is to be allowed

PROFESSIONS AND TRADES – lawyers – liens – whether the client should pay the solicitors professional and photocopying costs incurred after termination of the retainer – construction of retainer agreement – where there is no distinction to be drawn between this case and another case considering the same form of retainer