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