Roads and Traffic Authority v McGregor & Anor (No 2) [2005] NSWCA 453

New South Wales Court of Appeal

Roads and Traffic Authority v McGregor & Anor (No 2) [2005] NSWCA 453 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): Matter deallt with on written submissions in Chambers.

JUDGMENT DATE: 16 December 2005

JUDGMENT OF: McColl JA at 1; Campbell AJA at 1; Bell J at 1

DECISION: 1. Roads and Traffic Authority and Woollahra Municipal Council to pay 85 percent of Mrs McGregor's costs of the appeal and cross-appeal; 2. Such costs be met as to 40 percent by the Roads and Traffic Authority and as to 60 percent by the Woollahra Municipal Council; 3. Mrs McGregor is to have a certificate under the Suitors' Fund Act 1951 if otherwise entitled.

CATCHWORDS: Costs - Indemnity costs - Offers of compromise - Multiple isues.

Civil Liability Act 2002 LEGISLATION CITED: Suitors' Fund Act 1951

Geoghan v D'Aubert [2003] NSWCA 260 James v Surf Road Nominees Pty Ltd (No2) [2005] NSWCA 296 CASES CITED: Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261 Baresic v Slingshot Holdings Pty Ltd (No 2) [2005] NSWCA 160

Roads and Traffic Authority - Appellant PARTIES: Anne McGregor - First Respondent Woollahra Municipal Council - Second Respondent

FILE NUMBER(S): CA 40277/04

G M Watson SC with A J McInerney - Appellant COUNSEL: M L Williams SC with I A Newbrun - First Respondent D L Davies SC with N J Polin - Second Respondent

McCabe Terrill - Appellant SOLICITORS: Carroll & O'Dea - First Respondent Phillips Fox - Second Respondent