BARESIC v. SLINGSHOT HOLDINGS PTY. LIMITED & ANOR (NO. 2) [2005] NSWCA 160

New South Wales Court of Appeal

CITATION: BARESIC v. SLINGSHOT HOLDINGS PTY. LIMITED & ANOR (NO. 2) [2005] NSWCA 160

HEARING DATE(S): On papers

JUDGMENT DATE: 12 May 2005

JUDGMENT OF: Mason P at 1; Beazley JA at 2; Bryson JA at 24

DECISION: 1. That the respondents pay the appellant's costs of the District Court proceedings up to and inclusive of 16 January 2004 on a party-party basis;; 2. That the respondents pay the appellant's costs of the District Court proceedings from 17 January 2004 on a solicitor-client basis; and; 3. That the respondents pay the appellant's costs of the appeal on a party-party basis

CATCHWORDS: COSTS - TRIAL - offer of compromise made pursuant to Pt.19A District Court Rules - whether offer was genuine - consequences of failure to accept compromise offer - Pt.39A r.25 District Court Rules - whether court should exercise discretion not to award solicitor/client costs - COSTS - APPEAL - compromise offer made during trial but not renewed before appeal - whether fresh offer should be made to secure claim for indemnity costs on appeal - offer at trial not binding on appeal

District Court Rules 1973 (NSW) LEGISLATION CITED: Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW)

Brymount Pty Limited t/as Watson Toyota v Cummins & Anor; Young Shire Council v Cummins & Anor (No.2) [2005] NSWCA 69 Fotheringham v Fotheringham (No.2) (1999) 46 NSWLR 194 Hobartville Stud Pty Ltd v Union Insurance Co Ltd (1991) 25 NSWLR 358 Leichhardt Municipal Council v Green [2004] NSWCA 341 CASES CITED: Maitland Hospital v Fisher (No.2) (1992) 27 NSWLR 721 Moore v Woodforth (No.2) [2003] NSWCA 46 Oshlack v Richmond River Council (1998) 193 CLR 72 South Sydney Council v Morris (No.3) [2001] NSWCA 200