The Anderson Group Pty Ltd v Tynan Motors Pty Ltd [No. 2] [2006] NSWCA 120

Reported Decision : 67 NSWLR 706

New South Wales Court of Appeal

CITATION: The Anderson Group Pty Ltd v Tynan Motors Pty Ltd [No. 2] [2006] NSWCA 120 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 22 and 23 September 2005

JUDGMENT DATE: 18 May 2006

JUDGMENT OF: Santow JA at 1; Basten JA at 2; Young CJ in Eq at 24

DECISION: The following orders are made in addition to the three orders made on 21 February 2006:; (1) the verdict for the Appellant, in addition to the sum of $166,000, to include interest to 21 February 2006 in the sum of $91,422.79; (2) the costs of the Appellant in the District Court to be assessed on an indemnity basis from 1 October 2002; (3) the costs of the Appellant in this Court to be assessed on an indemnity basis from 8 September 2005

CATCHWORDS: COSTS - successful appellant previously made formal offers of settlement on three occasions - whether costs should be awarded on indemnity basis - date from which indemnity costs should be assessed - whether offers were each a true compromise

LEGISLATION CITED: Civil Procedure Act 2005 (NSW), s9(3), Schedule 6 Supreme Court Act, s38

Calderbank v Calderbank [1975] 3 WLR 586 Falkner v Bourke (1990) 19 NSWLR 574 Herning v GWS Machinery Pty Ltd (No. 2) [2005] NSWCA 375 Jones v Bradley (No. 2) [2003] NSWCA 258 CASES CITED: Leichhardt Municipal Council v Green [2004] NSWCA 341 Manly Council v Byrne (No. 2) [2004] NSWCA 227 Rolls Royce Industrial Power (Pacific) Ltd v James Hardie & Coy Pty Ltd (2001) 53 NSWLR 626 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Suresh v Jacon Industries Pty Ltd [No. 2] [2005] NSWCA 270