State of NSW v Delly (No2) [2007] NSWCA 367

New South Wales Court of Appeal

CITATION: State of NSW v Delly (No2) [2007] NSWCA 367

HEARING DATE(S): On the papers

JUDGMENT DATE: 14 December 2007

JUDGMENT OF: Ipp JA; Tobias JA; Basten JA

DECISION: (a) Vary Order (b) made by this Court on 6 November 2007 by substituting for the date "5 December 2005" wherever appearing the date "21 November 2005" and by deleting the reference therein to the sum of $35,000 and substituting therefor the sum of $42,420; (b) Set aside the order for costs made by her Honour judge Balla on 5 December 2005; (c) The appellant to pay the respondent's costs of the trial before her Honour Judge Balla on an ordinary or party and party basis up to and including 17 January 2005 and on an indemnity basis as and from 18 January 2005 until 21 November 2005; (d) Vary Order (c) made by this Court on 6 November 2007 by adding thereto the following; "on an ordinary basis up to and including 14 March 2006 and on an indemnity basis as and from 15 March 2006."

CATCHWORDS: DAMAGES – General principles – Interest on – Where award of damages altered on appeal - COSTS - Indemnity costs - Offer of compromise – Multiple offers before trial and before appeal for different amounts – Damages altered on appeal

LEGISLATION CITED: N/A

CASES CITED: State of New South Wales v Delly [2007] NSWCA 303

PARTIES: State of New South Wales Joanne Rose Delly

FILE NUMBER(S): CA 40945/05

COUNSEL: A: J Maconachie QC / D Mallon R: E Evatt / G Foster

SOLICITORS: A: I V Knight, Crown Solicitor, Sydney R: Andrea Jane Turner, Neutral Bay

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 2563/04

LOWER COURT JUDICIAL OFFICER: Balla DCJ