NSW Caselaw
New South Wales Court of Appeal
CITATION : Diamond v Simpson (No 2) [2003] NSWCA 78 HEARING DATE(S) : 09/04/03 (on costs) JUDGMENT DATE : 9 April 2003
JUDGMENT OF : Stein JA at 1; Ipp JA at 15; Young CJ in Eq at 19 DECISION : Costs order of lower court not disturbed. First respondent to pay 66% of the appellant's costs of the appeal.
CATCHWORDS : Costs of Appeal- Rejection of pre-trial offer of compromise- Does offer at trial continue to have cost consequences for an appeal- Supreme Court Rules Pt 52A r11- Discretion as to costs- Damages appeal- 16 heads- Appellant succeeds on half- Substantial reduction. (D) LEGISLATION CITED : Supreme Court Rules Part 52A r11 Ettingshausen v Australian Consolidated Press Ltd (1995) 38 NSWLR 404 CASES CITED : Fotheringham v Fotheringham (No 2) (1999) 46 NSWLR 194 Moore v Woodforth (No 2) [2003] NSWCA 46 Robert Diamond (Appellant) PARTIES : Calandre Simpson by her Tutor William Charles Simpson (1st Respondent) Trustees of the Sisters of St Joseph (2nd Respondent) FILE NUMBER(S) : CA 40962/01 COUNSEL : P L G Brereton SC (Appellant) L A Levy SC and Ms J Lonergan (1st Respondent) SOLICITORS : Blake Dawson Waldron (Appellant) Turtons (1st Respondent)
LOWER COURT Supreme Court - Common Law Division JURISDICTION : LOWER COURT 12791/87 FILE NUMBER(S) : LOWER COURT Whealy J JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40962/01
STEIN JA IPP JA YOUNG CJ in EQ
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