MD v Sydney South West Area Health Service (No 4) [2009] NSWDC 92

New South Wales District Court

CITATION: MD v Sydney South West Area Health Service (No 4) [2009] NSWDC 92

HEARING DATE(S): 9-11, 13 February, 6 March, 8 April 2009 EX TEMPORE JUDGMENT DATE : 8 April 2009

JURISDICTION: Civil

JUDGMENT OF: Goldring DCJ

DECISION: 1. The second defendant pay the plaintiff's costs on a party and party basis up to and including 20 June 2008, and thereafter pay the costs on an indemnity basis, including the costs of senior counsel. 2. The plaintiff pay the costs of the first defendant up to and including 15 September 2008. After that date there will be no order for costs as concerns the plaintiff and the first defendant.

CATCHWORDS: COSTS - Senior Counsel - when allowed

LEGISLATION CITED: Civil Procedure Act 2005

CASES CITED: Stanley v Phillips (1966) 115 CLR 470

MD (Plaintiff) PARTIES: Sydney South West Area Health Service (First Defendant) Ian Fulcher (Second Defendant)

FILE NUMBER(S): 215 of 2007

COUNSEL: A J Lidden SC with E E Welsh (Plaintiff) K Burke (First and Second Defendant)

SOLICITORS: Bryden's Law (Plaintiff) TressCox Lawyers (First and Second Defendant)

JUDGMENT

1 HIS HONOUR: In this case the plaintiff recovered a verdict against the second defendant, but there was a verdict for the first defendant against the plaintiff.

2 It is not in contention that on 20 June 2008 the plaintiff made an offer of compromise which was not accepted by the second defendant, and I understand that Ms Burke does not disagree with the basic proposition that the plaintiff should have costs on a party-and-party basis up to the date of the offer of compromise and thereafter on an indemnity basis.