Leda v Weerden (No 3) [2006] NSWSC 220

New South Wales Supreme Court

CITATION : Leda v Weerden (No 3) [2006] NSWSC 220

HEARING DATE(S) : 29/03/06 JUDGMENT OF : Gzell J

EX TEMPORE JUDGMENT DATE : 03/29/2006

DECISION : Costs to plaintiff to 30 January 2006. Costs to defendant on an indemnity basis from 31 January 2006. interest on costs paid by defendant on ratio of costs allowed on assessment to total costs. Costs to cross defendant. Plaintiff to indemnify.

CATCHWORDS : PROCEDURE - Costs - Whether in action for negligent advice, causation and reliance should be treated as discrete issues - Whether four days in the week immediately before trial a reasonable period to keep open an offer under the Uniform Civil Procedure Rules 2005, r 20.26(7)(b) - Whether the Court should order otherwise than that unsuccessful plaintiff have costs on ordinary basis today rejected offer that was more favourable was made and defendant have costs on an indemnity basis thereafter under r 42.15(2)(b)(i) - Whether plaintiff should indemnify defendant with respect to order that defendant pay cross defendant's costs of a cross claim alleging failure to provide proper instructions - Whether defendant should be ordered to pay interest on costs under the Civil Procedure Act 2005, s 101(4)

LEGISLATION CITED : Uniform Civil Procedure Rules 2005 Fair Trading Act 1987

James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 CASES CITED : South Eastern Sydney Area Health Service & Anor v King [2006] NSWCA 2 Joseph Lahoud & Anor v Victor Lahoud & Ors [2006] NSWSC 126

Leda Pty Ltd - Plaintiff PARTIES : John Weerden - Defendant/Cross Claimant Leisure Management Pty Ltd - Cross Defendant