Herbert v Tamworth City Council (No.4) [2004] NSWSC 394

Reported Decision : 60 NSWLR 476

New South Wales Supreme Court

CITATION : Herbert v Tamworth City Council (No.4) [2004] NSWSC 394 25 - 27 February 2004 HEARING DATE(S) : 1 - 5 March 2004 1 April 2004 7 May 2004 JUDGMENT DATE : 13 May 2004 JURISDICTION: Common Law JUDGMENT OF : Sperling J at 1 DECISION : 1. The defendant is to pay the plaintiff's costs of the determination of the separate question on an indemnity basis from 13 November 2003 and on a party and party basis prior to that date; 2. Such costs are to paid forthwith following agreement or assessment as to amount; 3. The defendant is to pay the cross-defendant's costs of the separate question on a party and party basis.

CATCHWORDS : Costs - whether an offer to compromise liability is an offer of compromise within the meaning of Pt 22 of Supreme Court Rules - order for payment of costs forthwith pursuant to Pt 52A r 9(1) - whether s198D of the Legal Profession Act 1987 is subject to s198F Civil Liability Act 2002 LEGISLATION CITED : Legal Profession Act 1987, s198D, s198F, s198G Supreme Court Act 1970, s19 Supreme Court Rules 1970: Pt22 r2, r3; Pt31 r2; Pt52A r9, r22 CASES CITED : SMEC Testing Services Pty Ltd v Campbelltown City Council [2002] NSWCA 164 Whitehouse Properties Pty Limited v Bond Brewing (NSW) Ltd (1992) 28 NSWLR 17 Maddy Herbert by her tutor Teresa Lee Meehan PARTIES : Tamworth City Council Matthew William Keam FILE NUMBER(S) : SC 20187/02 Mr R V Letherbarrow SC with Mr R Taylor for the Plaintiff COUNSEL : Mr M T McCulloch for the Defendant / Cross-Claimant Mr G Niven for the Cross-Defendant McCabe Partners Lawyers for the Plaintiff SOLICITORS : Phillips Fox for the Defendant / Cross-Claimant Rhodes Kildea Solicitors for the Cross-Defendant