Prestige Residential Marketing Pty Ltd v Depune Pty Ltd (No 2) [2008] NSWCA 341

New South Wales Court of Appeal

CITATION: Prestige Residential Marketing Pty Ltd v Depune Pty Ltd (No 2) [2008] NSWCA 341

HEARING DATE(S): Written submissions

JUDGMENT DATE: 8 December 2008

JUDGMENT OF: Beazley JA at 1; Bell JA at 2; Mathews AJA at 50

1. Vary Order 3 to insert after the words "verdict and judgment" the words "and consequential orders made on 1 June 2007". 2. Vary Order 5 by deleting the date "23 June 2004" and substituting the date "1 March 2005". 3. Prestige is to pay to Depune the sum of $5331.36, being the amount of the overpayment of interest on the judgment sum under Order 5 as varied. DECISION: 4. Vacate Order 6 and substitute Order 6 in these terms: (i) The respondent is to pay the appellant's costs of proving the facts and the documents specified in the appellant's Notice to Admit Facts and the Authenticity of Documents dated 22 September 2005 in accordance with these reasons on the indemnity basis; (ii) The respondent is otherwise to pay the appellant's costs of the proceedings below on the ordinary basis until 16 December 2005 and thereafter on the indemnity basis. Such costs to include the appellant's costs of responding to the application for assessment of costs filed in the Supreme Court on or about 24 October 2007, which are to be assessed on the ordinary basis; (iii) The respondent is to pay interest on the appellant's costs of the proceedings below at the rate prescribed in Schedule 5 of the UCPR from the date on which the costs were paid. (iv) The respondent is to pay the appellant's costs of the appeal on the ordinary basis

CATCHWORDS: COSTS - indemnity costs offer of compromise under the Rules