NSW Caselaw
New South Wales Court of Appeal
CITATION: Roads and Traffic Authority of New South Wales v Turner and Anor [No 2] [2008] NSWCA 241
JUDGMENT DATE: 7 October 2008
JUDGMENT OF: Hodgson JA; Tobias JA; Handley AJA
(1) Order 5 made by this Court on 2 April 2008 is vacated and there is substituted an order that the defendants pay the plaintiff's costs of the action on the ordinary basis up to 26 May 2005, and pay his costs on an indemnity basis thereafter. DECISION: (2) Notice of Motion otherwise dismissed. (3) The first respondent, the plaintiff in the action, is to pay the costs of the appellant and the second respondent of the Notice of Motion.
CATCHWORDS: COSTS - Offer of compromise by plaintiff before trial - Judgment reduced on appeal - Reduced judgment greater than offer - Effect of offer on costs of appeal
CATEGORY: Consequential orders
CASES CITED: Ettinghausen v Ettinghausen (1995) 35 NSWLR 404 Fotheringham v Fotheringham [No 2] (1999) 46 NSWLR 194
Roads and Traffic Authority of New South Wales (Appellant) PARTIES: Terry John Turner (First Respondent) Australia Associated Motor Insurers Limited (Second Respondent)
FILE NUMBER(S): CA 40792/06
Hunt & Hunt (Appellant) SOLICITORS: Carroll & O'Dea (First Respondent) McLachlan Chilton (Second Respondent)
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): SC 20307/04
LOWER COURT JUDICIAL OFFICER: Latham J
LOWER COURT DATE OF DECISION: 28 November 2006
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40792/06 SC 20307/04
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