GIO v Nathan FOSSE (by his next friend Earl Patrick FOSSE) [1999] NSWCA 356

New South Wales Court of Appeal CITATION : GIO v Nathan FOSSE (by his next friend Earl Patrick FOSSE) [1999] NSWCA 356 FILE NUMBER(S) : CA 40428/99 HEARING DATE(S) : 24 September 1999 JUDGMENT DATE : 24 September 1999

PARTIES : Government Insurance Office (Claimant) Nathan FOSSE (by his next friend Earl Patrick FOSSE) (Opponent) JUDGMENT OF : Handley JA at 1; Beazley JA at 11; Stein JA at 2

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT FILE NUMBER(S) : CL 23299/86 LOWER COURT JUDICIAL OFFICER : Master Harrison

COUNSEL : R.C. Tonner (Claimant) K.P. Rewell/M. Sneddon (Opponent) SOLICITORS : Bartier Perry (Claimant) Baker & Edwards (Opponent) CATCHWORDS : INDEMNITY COSTS ACTS CITED : SCR Part 52A Rule 22 CASES CITED: n/a DECISION : See para 7 for orders

IN THE SUPREME COURT

OF NEW SOUTH WALES COURT OF APPEAL

CA 40428/99 HANDLEY JA BEAZLEY JA STEIN JA Friday, 24 September 1999

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v Nathan FOSSE (by his next friend Earl Patrick FOSSE)

JUDGMENT

1 HANDLEY JA: I will ask Stein JA to give the first judgment.

2 STEIN JA: This is an application for leave to appeal and, if granted, it is agreed that the appeal may proceed. 3 The claimant, the defendant in the proceedings, made an offer of compromise of $2,325,000 plus costs. This offer was accepted by the opponent, the plaintiff in the proceedings, on 3 September 1998. There was then a binding agreement between the parties, subject to the approval of the Court since the plaintiff was a disabled person. 4 "Plus costs" has a settled meaning in practice. The phrase is one which is commonly used and it means costs to the date of settlement on a party and party basis.