AMBULANCE SERVICE OF NEW SOUTH WALES v WORLEY (NO. 2) [2006] NSWCA 236

Reported Decision : 67 NSWLR 719

New South Wales Court of Appeal

CITATION: AMBULANCE SERVICE OF NEW SOUTH WALES v WORLEY (NO. 2) [2006] NSWCA 236

HEARING DATE(S): 10/04/06-12/04/06

JUDGMENT DATE: 28 August 2006

JUDGMENT OF: Tobias JA at 1; McColl JA at 2; Basten JA at 3

DECISION: (1) Vary order (3) made on 3 May 2006 so that it reads:; (3) Order that the Respondent pay the costs of the Appellant -; (a) of the trial, on the ordinary basis; (b) of the appeal up to and including 10 January 2006 on the ordinary basis, and; (c) of the appeal on and from 11 January 2006, including the costs of this application, on an indemnity basis.; (2) Add to the orders made on 3 May 2006 the following orders:; (5) Order the Respondent to repay to the Appellant the amount of $1,314,016.28, together with interest thereon calculated at the rate of 9% from 11 February 2005, or such other rate as may be prescribed by Schedule 5 to the Uniform Civil Procedure Rules from time to time, until the date of payment.

CATCHWORDS: COSTS – offers of settlement – first offer: whether reasonable for plaintiff to reject the offer – second offer: whether Supreme Court Rules (1970) Part 52A, r 22(6) as in force then applied where judgment is entered for the defendant – third offer: whether Uniform Civil Procedure Rule r 42.14 applied – whether offer involved a significant level of compromise - RESTITUTION – interest rate – part judgment paid as condition of stay – successful appeal – restitution ordered – whether interest should be calculated as prescribed by the Uniform Civil Procedure Rules or as 'the real cost of money' assessed as the rate for bonds issued by the NSW Treasury Corporation

Safety, Rehabilitation & Compensation Act 1988 (Cth), s50 LEGISLATION CITED: Supreme Court Act 1970 (NSW), s75A Supreme Court Rules 1970 (NSW), Part 22; Part 51, r3, r26; Part 52, r17, Part 52A, r22 Uniform Civil Procedure Rules, r20.26, r42.14, Schedule 5