Walshe v Prest [No. 2] [2005] NSWCA 359

New South Wales Court of Appeal

CITATION: Walshe v Prest [No. 2] [2005] NSWCA 359

HEARING DATE(S): 5 September 2005

JUDGMENT DATE: 20 October 2005

JUDGMENT OF: Giles JA; Basten JA; Campbell AJA

DECISION: Vary order (2) made on 27 September 2005 in these proceedings so that it reads; - Appellant to pay the Respondent's costs of the appeal on an indemnity basis.

LEGISLATION CITED: Health and Other Services (Compensation) Care Charges Act 1995 (Cth)

PARTIES: Cheryll Walshe v Tamara Prest by her next friend Darren Prest [No. 2]

FILE NUMBER(S): CA 40820/04

S.G. Campbell SC (Appellant) COUNSEL: D.T. Kennedy SC/M.J. Perry (Respondent)

Curwood & Partners (Appellant) SOLICITORS: Taylor & Scott (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 31 of 2002

LOWER COURT JUDICIAL OFFICER: Ashford DCJ

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40820/04

GILES JA BASTEN JA CAMPBELL AJA

20 October 2005 CHERYLL WALSHE v TAMARA PREST By her next friend DARREN PREST [NO. 2] Judgment 1 THE COURT: On 27 September 2005 the Court delivered judgment, dismissing the appeal and ordering that the Appellant pay the Respondent's costs of the appeal. Paragraph 3 of the orders was in the following terms: (3) If the parties are unable to agree the basis on which costs are to be assessed, both parties have liberty to file short written submissions as to the basis of calculation of costs of the appeal, within 7 days. 2 On 7 October 2005 the Court received a letter from the solicitors for the Respondent seeking, by consent, the following orders: