NSW Caselaw
New South Wales Court of Appeal
CITATION: Fordyce v Fordham & Anor (No 2) [2006] NSWCA 362
HEARING DATE(S): On written submissions.
JUDGMENT DATE: 15 December 2006
JUDGMENT OF: Beazley JA at 1; Santow JA at 2; McColl JA at 3
DECISION: Application dismissed with costs.
CATCHWORDS: PRACTICE AND PROCEDURE - costs - unaccepted Calderbank offer - whether should displace order that each party pay their own costs - HELD - no. (ND)
LEGISLATION CITED: District Court Rules 1973 Uniform Civil Procedure Rules 2005
Calderbank v Calderbank [1976] Fam 93 Fordyce v Fordham & Anor [2006] NSWCA 274 CASES CITED: Jones v Bradley ( No 2) NSWCA 258 Leichhardt Municipal Council v Green [2004] NSWCA 341 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 South Eastern Sydney Area Health Service v King [2006] NSWCA 2
Louise Aileen Fordyce - Claimant PARTIES: Gary Shaun Fordham - 1st Opponent Narelle Jane Fordham - 2nd Opponent
FILE NUMBER(S): CA 40044 of 2006
COUNSEL: M Holmes QC and C Bova - Claimant J Simpkins SC and J Johnson - Opponents
SOLICITORS: PMF Legal - Claimant Woolf Associates - Opponents
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): 4290/05
LOWER COURT JUDICIAL OFFICER: Nicholas J
LOWER COURT DATE OF DECISION: 22 December 2005
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40044/06 SC 4290/05
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