Sims v The Commonwealth (No 2) [2023] NSWCA 30

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sims v The Commonwealth (No 2) [2023] NSWCA 30 Hearing dates: On the papers Date of orders: 23 February 2023 Decision date: 23 February 2023 Before: Bell CJ; Meagher JA; White JA Decision: (1) Vary orders 1 and 2 made by the District Court of New South Wales on 19 November 2021 as follows: "(1) Judgment and verdict for the plaintiff in the sum of $117,253.03. (2) Interest thereon at the rates pertaining from time to time pursuant to s 100 of the Civil Procedure Act 2005 (NSW) commencing on and from 5 February 2018 to 19 November 2021." (2) Set aside order 3 made by the District Court of New South Wales on 19 November 2021. (3) The Commonwealth is to pay 75% of Mr Sims' costs at first instance on an ordinary basis. (4) The Commonwealth is to pay 90% of Mr Sims' costs of the appeal on an ordinary basis. Catchwords: COSTS – mixed outcome on appeal – where quantum of damages awarded to the respondent at first instance was substantially reduced on appeal – where principal issue on appeal was resolved in favour of the appellant – where settlement offers made by both parties before the proceedings at first instance – whether it was unreasonable for the respondent to reject the appellant's settlement offers – appropriate costs orders with respect to the costs of the trial and the appeal Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Ryde Developments Pty Ltd v The Property Investing Alliance Pty Ltd [2018] NSWCA 40 Category: Costs Parties: Jeremy Mark Sims (Appellant) Commonwealth of Australia (Respondent) Representation: Counsel: