Coombes v Roads and Traffic Authority & Ors (No 2) [2007] NSWCA 70

New South Wales Court of Appeal

CITATION: Coombes v Roads and Traffic Authority & Ors (No 2) [2007] NSWCA 70 This decision has been amended. Please see the end of the judgment for a list of the amendments.

JUDGMENT DATE: 29 March 2007

JUDGMENT OF: Beazley JA at 1; Ipp JA at 87; Basten JA at 88

DECISION: 1. Order Bombala Council to pay the costs of the RTA incurred by the RTA on the appellant's claim against the RTA at trial and on appeal, those costs to be paid by Bombala Council directly to the RTA; 2. Declare that the costs of the appellant ordered by this Court be paid by Bombala Council, including the appellant's costs of prosecuting her claim against the RTA, both at trial and on appeal; 3. Order that the costs of the appellant at trial be paid by Bombala Council on a solicitor/client basis; 4. Order that the costs of the appellant on the appeal be paid by Bombala Council on a party/party basis; 5. Verdict for the RTA on its Amended Notice of Cross-Claim against Bombala Council; 6. Order Bombala Council to pay the RTA's costs of the RTA's Amended Notice of Cross-Claim at trial and on appeal; 7. Verdict for the RTA on Bombala Council's Notice of Second Cross-Claim; 8. Order Bombala Council to pay the RTA's costs of Bombala Council's Notice of Second Cross-Claim at trial and on appeal; 9. Verdict for the third respondent on the third respondent's Notice of Third Cross-Claim at trial and on appeal; 10. Order Bombala Council to pay the third respondent's costs of the third respondent's Notice of Third Cross-Claim at trial and on appeal.

CATCHWORDS: Costs – Bullock or Sanderson order – liability of unsuccessful defendant for costs of successful defendant – whether fair to impose costs - failure to admit responsibility where responsibility should have been known - Costs – costs on appeal – no fresh offer of compromise between trial and appeal – no unreasonable or delinquent conduct - whether court should exercise discretion to make indemnity costs order on appeal – indemnity costs order not made - Costs – offer of compromise – offer limited to liability – whether offer capable of acceptance – verdict no less favourable to plaintiff than offer of compromise - Costs - procedure – offer made pursuant to District Court Rules 1973 (NSW) – trial decision delivered before commencement of Uniform Civil Procedure Rules 2005 (NSW) – whether savings provisions of Uniform Civil Procedure Act 2005 (NSW) apply - whether Court should make order otherwise than in accordance with Uniform Civil Procedure Rules