NSW Caselaw
New South Wales Court of Appeal
CITATION: Erect Safe Scaffolding (Australia) Pty Limited v Sutton & Anor (No 2) [2008] NSWCA 289
HEARING DATE(S): On written submissions following publication of reasons
JUDGMENT DATE: 11 November 2008
JUDGMENT OF: Giles JA at 1; Basten JA at 31; McClellan CJ at CL at 32
DECISION: (1) Appeal and cross-appeal allowed in part. (2) Set aside the judgment for $663,369.77 and in lieu thereof verdict and judgment for $601,568.53 taking effect on 14 December 2006. (3) Subject to order 4: (a) set aside any order that Erect Safe pay Australand's costs in the District Court to the extent of the costs referred to in (b); (b) Australand pay Erect Safe's costs of grounds 2 and 3 of its notice of appeal and corresponding costs incurred in the District Court; (c) Erect Safe pay Mr Sutton's costs of the appeal from 7 January 2008 on an indemnity basis; (d) otherwise each party pay its and his costs of the appeal and cross-appeal. (4) Mr Sutton pay Australand's costs of the notice of motion filed on 13 June 2008; Erect Safe pay Mr Sutton's costs of the notice of motion save so far as incurred between Mr Sutton and Australand. (5) Noted as between Erect Safe and Australand Erect Safe and Australand to complete payment of the judgment referred to in order 2 as follows: Erect Safe - $424,647.23; Australand - $176,921.30.
CATCHWORDS: INTEREST - trial judge's damages reduced on appeal - agreement that plaintiff entitled to interest - judgment on appeal taking effect on date of trial judge's judgment - interest entitlement under s 101 Civil Procedure Act - interest not included in substituted judgment - COSTS - offers of compromise - application of UCP Rules concerning offers in Court of Appeal - offer to party A that party B pay $X - can not be accepted by party A - ineffective - same offer to party B - need to take interest into account - offeror bettered offer - no occasion for order otherwise - indemnity costs from date of offer.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate