SPEDDING v NOBLES; SPEDDING v McNALLY [NO. 2] [2007] NSWCA 87

New South Wales Court of Appeal

CITATION: SPEDDING v NOBLES; SPEDDING v McNALLY [NO. 2] [2007] NSWCA 87

HEARING DATE(S): 8 February 2007

JUDGMENT DATE: 16 April 2007

JUDGMENT OF: Beazley JA at 1; McColl JA at 2; Basten JA at 3

DECISION: (1) In matter No. 40503 of 2006, Spedding v McNally, replace the orders made on 26 February 2007 with the following; (a) grant leave to appeal; (b) dismiss the appeal; (c) order the Appellant to pay the Respondent's costs of the proceedings in this Court, to be assessed on an indemnity basis from 24 August 2006; (2) In relation to matter No. 40501 of 2006, Spedding v Nobles, replace the orders made on 26 February 2007 with the following; (a) dismiss the appeal; (b) order the Appellant to pay the Respondent's costs of the proceedings in this Court, to be assessed on an indemnity basis from 26 August 2006; (3) Each party is to bear its own costs of the present applications.

CATCHWORDS: COSTS – indemnity costs – offers of compromise – whether indemnity costs should be awarded - COSTS – interests on costs – whether the Supreme Court had power to award interests on costs under the Civil Procedure Act 2005 (NSW), ss 100 and 101

Civil Procedure Act 2005 (NSW), ss 98, 100, 101 LEGISLATION CITED: Federal Court of Australia Act 1976 (Cth), ss 43, 51A Legal Profession Act 2004 (NSW), ss 309, 321, 363A, 365, Part 3.2, Div 5 Supreme Court Act 1970 (NSW), ss 76, 95, 101

Commonwealth v Chessell (1991) 30 FCR 154 (FCAFC) Commonwealth v SCI Operations Pty Ltd (1998) 192 CLR 285 Flower & Hart (a firm) v White Industries (Qld) Pty Ltd (2001) 109 FCR 280 CASES CITED: Hungerfords v Walker (1990) 171 CLR 125 Nykcredit Mortgage Bank plc v Edward Erdman Group Ltd (No. 2) [1997] 1 WLR 1627 Spedding v Nobles; Spedding v McNally [2007] NSWCA 29 White Industries (Qld) Pty Ltd v Flower & Hart (2000) 103 FCR 559 Woods v Woods [2001] NSWSC 1108