Ngo v Fenech [1999] NSWCA 219

New South Wales Court of Appeal CITATION : Ngo v Fenech [1999] NSWCA 219 FILE NUMBER(S) : CA 40527/98 HEARING DATE(S) : 16/06/99 JUDGMENT DATE : 16 June 1999

PARTIES : Van Knoa Ngo v Doris Fenech JUDGMENT OF : Fitzgerald JA at 1; Brownie AJA at 6

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 10641/97 LOWER COURT JUDICIAL OFFICER : Hughes ADCJ

COUNSEL : J D Hislop QC (Claimant) H J Halligan ( Opponent) SOLICITORS : Abbott Tout (Claimant) Michael E Bradstreet (Opponent) CATCHWORDS : Costs; offer of compromise; whether offer in accordance with Part 19A of the District Court Rules. DECISION : Leave refused

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA40527/98 DC10641/97 FITZGERALD JA BROWNIE AJA

Wednesday, 16 June 1999

Van Khoa NGO v Doris FENECH

JUDGMENT

1 FITZGERALD JA: This is an application for leave to appeal against orders made with respect to costs at the conclusion of a District Court action in which the opponent recovered a small amount by way of damages. The claimant was the defendant in that action which arose out of a motor accident in which the defendant claimant admitted liability. The action could have been brought in the Local Court, not the District Court, but the trial judge found that on the facts there was a sufficient reason for the course adopted within the meaning of part 39A r 12 of the District Court rules. Leave to appeal should not be granted to challenge that finding. 2 The claimant's second point related to an offer of compromise made by the claimant on 23 May 1997 in the following terms: "The defendant offers to compromise all causes of action upon which the plaintiff claims on the following terms: 1. Verdict and judgment for the plaintiff in the sum of $3,200. 2. No order as to costs.