NSW Caselaw
New South Wales Court of Appeal
CITATION: Global Alliance Network Pty Ltd v Sensis Pty Ltd (No 2) [2007] NSWCA 268 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): On the papers
JUDGMENT DATE: 4 October 2007
JUDGMENT OF: Mason P; Hodgson JA; Tobias JA
DECISION: (a) Amend [82(c)] of the Court's judgment of 27 July 2007 by adding to that order the following "such costs to be paid on an indemnity basis as and from 17 September 2005 with respect to the proceedings in the District Court only"; (b) Order that the appellant pay the respondent's costs of the application to vary Orders (c) and (d) made by this Court on 27 July 2007
CATCHWORDS: COSTS – Indemnity Costs – Main matter - Discretionary considerations – Whether party failed to act reasonably in rejecting offer where they had a strong case - COSTS – Indemity Costs on cross-claim – Where offer of compromise contained no time limit – Period of indemnity costs – Where offer of compromise not renewed after trial
LEGISLATION CITED: N/A
CASES CITED: Global Alliance Network Pty Ltd v Sensis Pty Ltd [2007] NSWCA 163
PARTIES: Global Alliance Network Pty Ltd Sensis Pty Ltd
FILE NUMBER(S): CA 40693/06
COUNSEL: A: M Luitingh R: J Turnbull
SOLICITORS: A: Swaab Attorneys, Sydney R: Holman Webb, Sydney
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 4546/03
LOWER COURT JUDICIAL OFFICER: Gibb DCJ
LOWER COURT DATE OF DECISION: 29 September 2006
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40693/06 DC 4546/03
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