Middleton v Parramatta City Council [1999] NSWCA 469

New South Wales Court of Appeal CITATION : Middleton v Parramatta City Council [1999] NSWCA 469 FILE NUMBER(S) : CA 40373/98 HEARING DATE(S) : Written submissions JUDGMENT DATE : 17 December 1999

Jack Middleton (Appellant) PARTIES : v Parramatta City Council (Respondent) JUDGMENT OF : Priestley JA at 1; Stein JA at 1; Fitzgerald JA at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 3388/94 LOWER COURT JUDICIAL OFFICER : Twigg DCJ

COUNSEL : A: Mr J L Sharpe R: Mr M McCulloch SOLICITORS : A: Steve Masselos & Co R: Phillips Fox CATCHWORDS : Costs DECISION : Appellant pay respondent's costs of the appeal.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40373/98 DC 3388/94

PRIESTLEY JA STEIN JA FITZGERALD JA

FRIDAY 17 DECEMBER 1999 Jack MIDDLETON v PARRAMATTA CITY COUNCIL (No.2)

JUDGMENT ON COSTS

1 THE COURT: This appeal was dismissed on 8 December 1999. 2 The usual order would be that costs follow the event. The appellant opposes that course. 3 Shortly stated, he advanced two reasons. One is that leave to appeal was granted and the other is that he had offered to settle the appeal on the basis that a verdict be entered for the respondent but each party pay his or its own costs. The appellant did not offer to pay the respondent's costs up to that time. 4 It is regrettable that more costs have been thrown away in making these submissions, which are without merit. 5 The appellant must pay the respondent's costs of the appeal. **********