RTA v Fletcher & ANOR [2001] NSWCA 98

New South Wales Court of Appeal

CITATION : RTA v Fletcher & ANOR [2001] NSWCA 98 FILE NUMBER(S) : CA 40039/99; 40059/99 HEARING DATE(S) : 07/08/00 JUDGMENT DATE : 11 April 2001

PARTIES : RTA v Fletcher & ANOR Leighton Contractors Pty Limited v Fletcher & ANOR JUDGMENT OF : Priestley JA at 1; Meagher JA at 2; Handley JA at 5

LOWER COURT JURISDICTION : District Court LOWER COURT 7397/97 FILE NUMBER(S) : LOWER COURT Bolan DCJ JUDICIAL OFFICER :

Appellant: M W Robinson COUNSEL : 1st Respondent: R C Tonner SC 2nd Respondent: R S McIlwaine SC Appellant: Crown Solicitor SOLICITORS : 1st Respondent: Phillips Fox Solicitors 2nd Respondent: Morton & Harris Solicitors CATCHWORDS : Judgment on costs DECISION : Costs of the appeal to be paid by both appellants in equal amounts.; No award of indemnity costs.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40039/99 CA 40059/99

PRIESTLEY JA MEAGHER JA HANDLEY JA

RTA v FLETCHER & ANOR LEIGHTON CONTRACTORS PTY LIMITED v FLETCHER & ANOR JUDGMENT ON COSTS

1 PRIESTLEY JA: I agree with Meagher JA. 2 MEAGHER JA: In these matters Mr Fletcher succeeded in the appeals brought against him by RTA & Leighton Contractors Pty Limited. I can see no reason why both defendants should not pay his costs. Each appellant should contribute equally in this regard. 3 I can see no basis for an award of indemnity costs. 4 In my view the Court should so order. 5 HANDLEY JA: I agree with Meagher JA. ******

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