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. ****** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.