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. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.