NSW Caselaw
New South Wales Court of Appeal
CITATION: Hendriks v McGeoch (No 2) [2008] NSWCA 103
HEARING DATE(S): (On written submissions)
JUDGMENT DATE: 23 May 2008
JUDGMENT OF: Spigelman CJ at 1; Giles JA at 2; Basten JA at 18
DECISION: Costs order made on 2 April 2008 not varied. Respondent pay appellants' costs of the application to vary it.
CATCHWORDS: Costs - pre-trial offers of settlement - plaintiff achieves greater success at trial than offers - defendant appeals - defendant obtains reduction of damages on appeal - but plaintiff's success still greater than offers - offers a discretionary factor as to appellate costs - appeal a new stage in litigation - plaintiff did not make fresh offer - prior offers counted for little - no variation to costs order otherwise appropriate by reason of offers.
CATEGORY: Consequential orders
Henri Hendriks - First Appellant Robert George Stone - Second Appellant Ian Erratt - Third Appellant Frederick John Commins - Fourth Appellant PARTIES: Glen Francis Lolback - Fifth Appellant Geoffrey John Potter - Sixth Appellant William James Thompson - Seventh Appellant Peter James Webb - Eight Appellant Jon McLaurin McGeoch - Respondent
FILE NUMBER(S): CA 40229/07
COUNSEL: P W Arblaster - Appellants A M Colefax SC - Respondent
SOLICITORS: Colin Biggers & Paisley - Appellants Walsh & Blair, Wagga Wagga - Respondent
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 4154/03
LOWER COURT JUDICIAL OFFICER: Gzell J
LOWER COURT DATE OF DECISION: 11 April 2007, 13 April 2007
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