NSW Caselaw
New South Wales Court of Appeal
CITATION: Roland Ofria v Robert William Cameron [No 2] [2008] NSWCA 242
JUDGMENT DATE: 7 October 2008
JUDGMENT OF: Beazley JA; Ipp JA; Handley AJA
DECISION: (1) Order 2 made by this Court on 1 July 2008 is varied by adding the words "on an indemnity basis but without affecting any other order for costs in the proceedings." (2) The costs of this application to be the appellant's costs in the appeal.
CATCHWORDS: COSTS - Calderbank offer by defendant before trial - Costs of litigation disproportionate to claim - Defendant successful on appeal - Order for indemnity costs of trial
Civil Procedure Act 2005 LEGISLATION CITED: Legal Profession Act 2004 Suitors' Fund Act 1951
CATEGORY: Consequential orders
CASES CITED: Jones v Bradley (No 2) [2003] NSWCA 258
PARTIES: Roland Ofria (Appellant) Robert William Cameron (Respondent)
FILE NUMBER(S): CA 40804/07
SOLICITORS: Niall Connolly Lawyers (Appellant) McLaughlin & Riordan Solicitors (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 5504/05
LOWER COURT JUDICIAL OFFICER: Hungerford ADCJ
LOWER COURT DATE OF DECISION: 22 October 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40804/07
BEAZLEY JA IPP JA HANDLEY AJA
7 October 2008 ROLAND OFRIA v ROBERT WILLIAM CAMERON [No. 2]
COSTS – Calderbank offer by defendant before trial – Costs of litigation disproportionate to claim – Defendant successful on appeal – Order for indemnity costs of trial.
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