Abraham v St Mark’s Orthodox Coptic College & anor [2006] NSWSC 1271

New South Wales Supreme Court

CITATION : Abraham v St Mark's Orthodox Coptic College & anor [2006] NSWSC 1271 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 13/11/2006

JUDGMENT DATE : 29 November 2006

JURISDICTION : Supreme Court

JUDGMENT OF : Rothman J

DECISION : Further to the orders made on 24 October 2006: (iv) the cross-claim is dismissed; (v) the cross-claimant shall pay the costs of the cross-defendant of and incidental to the proceedings, as agreed or assessed, which costs shall be payable forthwith; (vi) the defendants, jointly and severally, shall pay the plaintiff's costs of and incidental to the proceedings, including the costs of the assessment of damage thus far incurred, as agreed or assessed, which costs shall be payable forthwith; (vii) so much of the proceedings that remain shall stand over to the next call-over.

CATCHWORDS : CIVIL LAW - COSTS - liability determined - contributory negligence determined - damages to be assessed in future - split proceedings - costs and disbursements of the preparation of damages aspect of litigation are costs which follow the event - cross-claim dismissed - indemnity costs of cross-defendant - Offer of Compromise not a genuine offer of compromise - costs not awarded on an indemnity basis.

Abraham BHT Abraham v St Mark's Orthodox Coptic College and Ors [2006] NSWSC 1107 CASES CITED : Hahn v Conley (1971) 126 CLR 276 R v Davies & Partridge [2005] NSWSC 324 Robertson v Swincer (1989) 52 SASR 356

P: Christopher Abraham BHT Nareem Abraham PARTIES : D1: St Mark's Orthodox Coptic College D2: Coptic Orthodox Church (NSW) Property Trust