NSW Caselaw
New South Wales Court of Appeal
CITATION: JONES v DAPTO LEAGUES CLUB LIMITED (No 2) [2008] NSWCA 111
HEARING DATE(S): On the papers
JUDGMENT DATE: 27 May 2008
JUDGMENT OF: Mason P at 1; Beazley JA at 15; Bell JA at 16
DECISION: Substitute for order 4 made by this Court on 18 March 2008 the following: In place of the verdict for the plaintiff in the sum of $700 enter a verdict and judgment in the sum of $30,152, to take effect from 8 December 2006. Defendant to pay plaintiff's costs of the proceedings at first instance, such costs to be assessed on the ordinary basis up to 11am on 11 October 2006 and thereafter on an indemnity basis.
CATCHWORDS: PROCEDURE – Costs – general rule – costs follow the event – costs of whole action – where offer of compromise made – costs at first instance – Uniform Civil Procedure Rules 2005, r20.26
PARTIES: Bryan JONES DAPTO LEAGUES CLUB LIMITED
FILE NUMBER(S): CA 40867/06
COUNSEL: Appellant: D Kennedy SC/ G Smith Respondent: M Maxwell
SOLICITORS: Appellant: Lough Wells Duncan - Wollongong Respondent: McCabe Terrill
LOWER COURT JURISDICTION: District Court - Wollongong
LOWER COURT FILE NUMBER(S): 37/2005
LOWER COURT JUDICIAL OFFICER: Delaney DCJ
LOWER COURT DATE OF DECISION: 8 December 2006
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40867/2006
MASON P BEAZLEY JA BELL JA
Tuesday 27 May 2008
JONES v DAPTO LEAGUES CLUB LIMITED (No 2) JUDGMENT
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