NSW Caselaw
NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION v UNILVER AUSTRALIA LIMITED
SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL
CLARKE JA, HANDLEY JA and COLE JA 4 July 1996
[1996] NSWCA 394
Clarke JA. I am of the opinion that the appeal should be dismissed for the reasons given by the Trial Judge.
Handley JA. I agree. Cole JA. I also agree.
Clarke JA. The order of the Court is the appeal be dismissed with costs.
HOEBEN: There was an offer of compromise served in this matter some eight months after the hearing. I would ask for indemnity costs.
CLARKE JA: The indemnity costs only runs from the date of the offer. What it the date of the offer?
HOEBEN: 5 July 1994.
CLARKE JA: What do you say about that Mr Mater?
MATER: All I can say is he's done far too well already. The best he should have done, as a dual insurance matter and that's what it is, he should have got half. In fact he got the lot. I don't know why that wasn't before you today.
CLARKE JA: Those costs should be on an indemnity basis from 5 July 1994.
Orders accordingly.
Counsel for the appellant: H J MATER
Solicitors for the appellant: G M MEADOWS
Counsel for the respondent: C R R HOEBEN SC Solicitors for the respondent: ASTRIDGE and MURRAY
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