Sabah Yazgi v Permanent Custodians Limited (No 2) [2007] NSWCA 306

New South Wales Court of Appeal

CITATION: Sabah Yazgi v Permanent Custodians Limited (No 2) [2007] NSWCA 306

HEARING DATE(S): On the papers

JUDGMENT DATE: 2 November 2007

JUDGMENT OF: Beazley JA at 1; Ipp JA at 1; Tobias JA at 1

DECISION: 1. Permanent Custodians is to pay Sabah Yazgi's costs of the trial (including the costs on the Cross-Claim); 2. Permanent Custodians is to pay the costs of this application for costs of the trial.

CATCHWORDS: COSTS – offers of compromise – Uniform Civil Procedure Rules 2005 (NSW) r 20.26 – offer made under Rules – alternatively Calderbank offer – offers rejected – offer required order for possession and judgment for a specified sum – court rejected offeror's claim for possession and judgment sum – judgment for offeree no less favourable than offer of compromise – costs follow the event unless other order appropriate – no evidence offeree brought inappropriate claims or unnecessarily protracted trial

Civil Procedure Act 2005 (NSW) ss 56, 98 Contracts Review Act 1980 (NSW) LEGISLATION CITED: Conveyancing Act 1919 (NSW) s 66G Real Property Act 1900 (NSW) s 57 Uniform Civil Procedure Rules 2005 (NSW) rr 20.26, 42.1

PARTIES: Sabah Yazgi (Appellant) Permanent Custodians (Respondent)

FILE NUMBER(S): CA 40232/07

COUNSEL: PM Lane; E Elbourne (Appellant) RG Forster SC; BJ Burke (Respondent)

SOLICITORS: La Rosa Izzo & Co (Appellant) Hicksons (Respondent)

LOWER COURT JURISDICTION: Supreme Court - Common Law Division

LOWER COURT FILE NUMBER(S): SC 11886/2004

LOWER COURT JUDICIAL OFFICER: Harrison AsJ