South Eastern Sydney Area Health Service & Anor v King (No 2) [2006] NSWCA 73

New South Wales Court of Appeal

CITATION: South Eastern Sydney Area Health Service & Anor v King (No 2) [2006] NSWCA 73 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): The matter proceeded by way of written submissions

JUDGMENT DATE: 13 April 2006

JUDGMENT OF: Mason P at [1]; McColl JA at [2]; Hunt AJA at [3]

DECISION: The defendants are to pay the plaintiff's costs of the appeal and of the cross-appeal up to and including 14 June 2005 on a party and party basis, and thereafter on an indemnity basis.

CATCHWORDS: Appeal by defendants in medical negligence action dismissed and cross-appeal by plaintiff allowed — offer of compromise made by plaintiff pursuant to SCR Pt 22 after defendants' notice of appeal and after her notice of contention filed and before defendants' written submissions filed — further offer of compromise made by plaintiff pursuant to UCPR 20.26 after all written submissions filed and before hearing of appeal — application of Civil Procedure Act 2005, sched 6, s 5, to first offer — similarity between SCR Pt 52A r 22(4) and UCPR 42.14 — offer of plaintiff's compromise after judgment and before hearing of defendants' appeal raises different considerations from those relating to an offer of compromise before trial — indemnity costs ordered on first offer of compromise.

Civil Procedure Act 2005 LEGISLATION CITED: Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005

CASES CITED: Bolitho v City and Hackney Health Authority [1998] AC 232

South Eastern Sydney Area Health Service — First Appellant/Cross-Respondent PARTIES: Richard O'Gorman Hughes — Second Appellant/Cross-Respondent Monique Frances King — Respondent/Cross-Appellant