Evatt v Nationwide News Pty Ltd (No 2) [1999] NSWCA 143

New South Wales Court of Appeal CITATION : Evatt v Nationwide News Pty Ltd (No 2) [1999] NSWCA 143 FILE NUMBER(S) : CA 40175/97 HEARING DATE(S) : 3 March 1999 JUDGMENT DATE : 24 May 1999

PARTIES : Lyndall Evatt Nationwide News Pty Ltd (t/as Cumberland Newspapers) JUDGMENT OF : Sheller JA; Powell JA; Giles JA

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT FILE NUMBER(S) : CLD 1049/93 LOWER COURT JUDICIAL OFFICER : Newman J

COUNSEL : Appellant - J R Young Respondent - T S Hale & M S C Champion SOLICITORS : Appellant - Charters, Auburn Respondent - Cropper Parkhill, Sydney CATCHWORDS : APPEAL - appeal upheld - judgment for plaintiff - as of what date - date of trial ; APPEAL - costs - offer of compromise before trial - continuing effect - whether to order otherwise. DECISION : Order made on 19 April 1999 varied by adding "such costs to be paid on an indemnity basis from 20 May 1996."

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40175/97 CL 10493/93

SHELLER JA POWELL JA GILES JA

Monday 24 May 1999 LYNDAL EVATT v NATIONWIDE NEWS PTY LTD (t/as CUMBERLAND NEWSPAPERS) (No 2)

JUDGMENT

1 THE COURT: When judgment was given in this appeal on 19 April 1999, the appellant applied for an order in relation to interest and a special order as to costs. Directions were given for exchange of written submissions, and it was agreed that the application should be determined on the written submissions.

Interest 2 The orders made on 19 April 1999 included "Judgment for the plaintiff for $20,000". The amount of $20,000 was the damages assessed by the jury, and if Newman J had given judgment for the appellant on 6 March 1997 would have been taken up by his Honour.