Fosse v GIO of NSW [1999] NSWSC 508

New South Wales Supreme Court CITATION : Fosse v GIO of NSW [1999] NSWSC 508 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : 23299/86 HEARING DATE(S) : 26 May 1999 JUDGMENT DATE : 31 May 1999

Nathan Fosse by his next best friend Earl Patrick Fosse PARTIES : (Plaintiff)

Government Insurance Office of New South Wales (Defendant) JUDGMENT OF : Master Harrison

Mr D A Wheelan QC (Plaintiff) COUNSEL : Mr P N D Jenkyn (Defendant) Baker & Edmunds Beecroft (Plaintiff) SOLICITORS : Bartier Perry Sydney (Defendant) CATCHWORDS : Indemnity costs Supreme Court Act - s 76 ACTS CITED : Legal Profession Act 1987 (NSW) Supreme Court Rules - Pt 22, Pt 52A r 22 District Court Rules - Pt 19A r 4 Hillier v Sheather (1995) 36 NSWLR 414 Maitland Hospital v Fisher (No 2) (1992) NSWLR 721 CASES CITED : Hansen v GIO of NSW (NSWCA, unreported Studdert J, 17 June 1994) Colgate Palmolive Pty Ltd v Coussons (1993) 46 FCR 225 Rouse v Shepherd (No 2) (1994) 35 NSWLR 279 DECISION : See para 16

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THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MASTER HARRISON

MONDAY, 31 MAY 1999

23299/86 - NATHAN FOSSE by his next best friend EARL PATRICK FOSSE v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

JUDGMENT (Indemnity Costs)

1 MASTER: By notice of motion dated 20 January 1999 the plaintiff seek that the his costs be assessed and/or taxed on an indemnity basis as and from 30 July 1997. The plaintiff relied on the affidavits of Earl Patrick Fosse sworn 19 January 1999 and Thomas Edgar Edmunds, the plaintiff's solicitor sworn 18 January 1999. 2 The following facts are not in dispute.