NSW Caselaw
New South Wales Supreme Court
CITATION : Locke v Bova & Anor [No 2] [2005] NSWSC 799
HEARING DATE(S) : 05/08/05
JUDGMENT DATE : 10 August 2005
Common Law Division JURISDICTION : Professional Negligence List
JUDGMENT OF : Kirby J
DECISION : (1) The plaintiff should have indemnity costs in respect of costs incurred after 13 November 2002; (2) The plaintiff should have the costs of this Motion.
CATCHWORDS : Application for indemnity costs - offer of compromise - prima facie right to indemnity costs - subject to Court's discretion - suggestion that plaintiff's case changed after offer - whether realistic assessment of plaintiff's case showed change "on the cards" - later Calderbank letter - entitled to indemnity costs.
Locke v Bova & Anor [2004] NSWSC 534 Bova v Locke [2005] NSWCA 226 Messiter v Hutchinson (1987) 10 NSWLR 525 CASES CITED : Calderbank v Calderbank (1975) 3 WLR 5&6 Van Doore v Mendez & Ors [No 2] (unreported, 30.6.97) Maitland Hospital v Fisher [No 2] (1992) 27 NSWLR 721 Smec Testing Services v Campbelltown City Council [2000] NSWCA 323
Dr Peter Locke (Pl/Appl) Dr Colin Bova (1st Def/Resp) PARTIES : South Western Sydney Area Health Service (2nd Def)
FILE NUMBER(S) : SC 20259/01
M B Williams SC (Pl/Appl) COUNSEL : I M Wales SC (Defs/Resps)
Maurice Blackburn Cashman (Pl/Appl) SOLICITORS : David I Brown (Defs/Resps)
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROFESSIONAL NEGLIGENCE LIST
JUSTICE DAVID KIRBY
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