Woollahra Municipal Council v Secure Parking Pty Ltd (No 2)

In the case of Woollahra Municipal Council v Secure Parking Pty Ltd (No 2), the dispute centred around issues of indemnity costs and the admissibility of evidence from mediation. The case was heard in the Supreme Court of New South Wales. The council, as the plaintiff, sought to recover costs associated with indemnity, while the defendant, Secure Parking, argued against the admissibility of certain evidence obtained during mediation.

The primary legal issues the court needed to address were whether it was unreasonable for the party receiving an offer of indemnity costs not to accept it, particularly when the offer was made just four days and two business days prior to the hearing. Additionally, the court had to determine whether the statutory provision in the Civil Procedure Act 2005 (NSW) that bars the admissibility of evidence from mediation could be overridden by an exception in the Evidence Act 1995 (NSW), and if such a provision could be waived by agreement between the parties or through conduct.

The court ruled that the timing of the offer, so close to the hearing, did not render it unreasonable for the recipient not to accept it. The court found that the statutory bar on the admissibility of mediation evidence under the Civil Procedure Act 2005 (NSW) could not be overridden by the exception in the Evidence Act 1995 (NSW). Furthermore, it was determined that such provisions could not be waived by agreement or conduct. The court concluded that the evidence in question was inadmissible, and this finding impacted the assessment of indemnity costs.

Ultimately, the court's decision resulted in the plaintiff not being awarded the full indemnity costs sought, reflecting the inadmissibility of the contested evidence. The final orders of the court would need to be carefully considered by the parties to understand the precise implications for costs and any further proceedings.