Collegians' Rugby League Football Club Limited v McDonald (No. 2) [2003] NSWCA 191

New South Wales Court of Appeal

CITATION : Collegians' Rugby League Football Club Limited v McDonald (No. 2) [2003] NSWCA 191 HEARING DATE(S) : 09/07/03 JUDGMENT DATE : 8 September 2003

JUDGMENT OF : Beazley JA; Ipp JA; Tobias JA DECISION : The Court proposes that each party pay his and its own costs of the appeal, including the application for costs.

CATCHWORDS : Costs - Offer of Compromise - Calderbank offer Consent orders - error in lower court judgment LEGISLATION CITED : Diamond v. Simpson (No. 2) [2003] NSWCA 78 Moore v Woodforth (No. 2) [2003] NSWCA 46 PARTIES : Collegians' Rugby League Football Club Limited (Appellant) Mark McDonald (Respondent) FILE NUMBER(S) : CA 41247/02 COUNSEL : C Hoeben SC (Appellant) M Williams SC (Respondent) SOLICITORS : Moray & Agnew (Appellant) Maguire & McInerney (Respondent)

LOWER COURT District Court JURISDICTION : LOWER COURT DC 108/01 FILE NUMBER(S) : LOWER COURT Goldring DCJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA41247/02 DC108/01

BEAZLEY JA IPP JA TOBIAS JA

8 September 2003 COLLEGIANS' RUGBY LEAGUE FOOTBALL CLUB LIMITED v MCDONALD (No. 2) Judgment 1 THE COURT: The appellant filed a notice of appeal without appointment on 24 December 2002, appealing from the decision of Goldring DCJ in which His Honour awarded damages to the respondent in the sum of $376,475.62. On 24 March, the appellant filed its notice of appeal with appointment. Pursuant to consent orders subsequently filed with this Court the judgment of Goldring DCJ was set aside and in lieu thereof there was a judgment for the respondent in the amount of $256,222.81. 2 This Court then heard oral argument as to costs, a matter left unresolved by the consent orders. Both parties claimed to be entitled to an order for costs. It is necessary to review the history of the litigation and the settlement negotiations in the matter to determine the appropriate costs order to be made. On 28 October 2002, a month before the hearing of the action, the respondent served an offer of compromise on the appellant for $170,000 plus costs.