Leda Pty. Limited v. Weerden & Anor. (No.2) [2007] NSWCA 283

New South Wales Court of Appeal

CITATION: Leda Pty. Limited v. Weerden & Anor. (No.2) [2007] NSWCA 283

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

JUDGMENT DATE: 15 October 2007

JUDGMENT OF: Hodgson JA at 1; McColl JA at 1; Handley AJA at 1

DECISION: The Court makes the following additional orders:3. Costs of the appeal to be assessed on an indemnity basis.4. In this order: X equals the total amount of costs and disbursements paid or liable to be paid to the respondent's legal advisers in connection with these proceedings; Y equals the total amount of costs and disbursements allowed on assessment to the respondent in connection with these proceedings; and The Allowed Percentage equals ((Y/X) x 100)%. Appellant to pay to the respondent interest on costs and disbursements, at the rates set out in Schedule 5 to the Uniform Civil Procedure Rules, on the Allowed Percentage of each amount for or on account of costs and disbursements actually paid to his legal advisers by or on behalf of the respondent, from the date of payment of each such amount until the first to occur of: (a) such time as the appellant has paid the costs due to the respondent under order 3 above, or (b) any further order relating to interest on costs in these proceedings. 5. Reserve liberty to apply on 7 days' notice for any further order pursuant to paragraph 4(b).

CATCHWORDS: COSTS - Offer of compromise below rejected - Offer of compromise on appeal also rejected - Indemnity costs of appeal extends to period before offer made where offer also made below - ASSESSMENT OF COSTS - Interest - Where only part of the total costs are awarded - Interest calculated in same proportion as costs allowed to total costs

CASES CITED: Lahoud v. Lahoud [2006] NSWSC 126