NSW Caselaw
New South Wales Court of Appeal
CITATION : HARDING v BOURKE (NO 2) [2000] NSWCA 373 FILE NUMBER(S) : CA 40424/99 HEARING DATE(S) : Heard on the papers JUDGMENT DATE : 20 December 2000
PARTIES : DR BRUCE HARDING v GWEN BOURKE JUDGMENT OF : Mason P at 1; Meagher JA at 11; Heydon JA at 12
COUNSEL : Appellant: D J Hooke Respondent: K Pryde SOLICITORS : Appellant: Colin Biggers & Paisley Respondent: Schrader & Associates
DECISION : See pars 8, 9, 10
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40424/99 DC 8440/95
MASON P MEAGHER JA HEYDON JA
Wednesday 20 December 2000
DR BRUCE HARDING v GWEN BOURKE (No 2)
JUDGMENT 1 MASON P: On 23 March 2000 the Court allowed this appeal and made consequential orders (Harding v Bourke [2000] NSWCA 60). 2 The respondent (the plaintiff in the court below) seeks a special order for costs based upon the appellant's rejection of an offer of compromise made in accordance with Pt 22 of the Supreme Court Rules. The respondent seeks an order that the appellant pay the respondent's costs of the appeal (including the leave application) and that the costs of the hearing before Naughton DCJ should be made costs in the cause. 3 The respondent's offer, made after leave to appeal had been granted, proposed the following consent orders: 1. Appeal allowed.
2. Proceedings remitted to the District Court upon the Plaintiff's undertaking to apply for: a. An extension of time seeking rescission of the deemed dismissal. b. Such rescission.
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