NSW Caselaw
New South Wales Court of Appeal
CITATION: East West Airlines Limited v Turner (No 2) [2010] NSWCA 159
HEARING DATE(S): 28 June 2010
JUDGMENT DATE: 9 July 2010
JUDGMENT OF: Allsop P; Handley AJA; Hoeben J
DECISION: The respondent's application for indemnity costs is refused. The respondent to pay the appellant's costs of the costs application.
CATCHWORDS: COSTS - indemnity costs - Calderbank offer to compromise appeal - offer rejected by unsuccessful appellant - whether rejection of offer unreasonable - whether an entitlement to some costs on an indemnity basis because certain grounds of appeal had no prospects of success - whether discretion to award indemnity costs should be exercised.
Dust Diseases Tribunal Act 1989 LEGISLATION CITED: Uniform Civil Procedure Act 2005 Uniform Civil Procedure Rules
CATEGORY: Consequential orders
Calderbank v Calderbank [1976] FAM 93 Dean v Stockland Property Management Limited & Anor (No 2) [2010] NSWCA 141 East West Airlines Ltd v Turner [2010] NSWCA 53 CASES CITED: Fountain Selected Meats (Sales) Pty Limited v International Produce Merchants Pty Limited (1988) 81 ALR 397 Jones v Bradley (No 2) [2003] NSWCA 258 Re: Bond Corp Holdings Limited (1990) 1 WAR 465 at 478; (1990) 1 ACSR 350 SMEC Testing Services Pty Limited v Campbelltown City Council [2000] NSWCA 323
PARTIES: East West Airlines Limited - Appellant Joanne Turner - Respondent
FILE NUMBER(S): CA 2009/00298331
COUNSEL: J Turnbull - Appellant DRJ Toomey - Respondent
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