NSW Caselaw
New South Wales Court of Appeal
CITATION: Gilberg v Maritime Super Pty Ltd (No. 2) [2009] NSWCA 394
HEARING DATE(S): on the papers
JUDGMENT DATE: 3 December 2009
JUDGMENT OF: Allsop P at 1; Hodgson JA at 2; Campbell JA at 20
DECISION: (1) Order that there be no order as to costs at first instance, to the intent that each party bear its own costs. (2) The respondent to pay the appellant's costs of the appeal.
CATCHWORDS: PROCEDURE – Costs – Relief obtained by successful appellant substantially less than sought at first instance and on appeal – Less than reasonable participation in settlement negotiations – Appropriate orders for costs at first instance and on appeal.
LEGISLATION CITED: Evidence Act 1995 s 131(2)(h) Judiciary Act 1903 (Cth) s 79
CATEGORY: Consequential orders
Australia v Gretton [2008] NSWCA 117 CASES CITED: Bruinsma v Menczer (1995) 40 NSWLR 716 Gilberg v Maritime Super Pty Ltd [2009] NSWCA 325
PARTIES: John GILBERG (Appellant) MARITIME SUPER PTY LIMITED (Respondent)
FILE NUMBER(S): CA 40041/09
COUNSEL: B W RAYMENT QC/ M J GOLLAN (Appellant) V M HEATH (Respondent)
SOLICITORS: John GILBERG (Appellant) MARITIME SUPER PTY LIMITED (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 50121/08
LOWER COURT JUDICIAL OFFICER: McDougall J
LOWER COURT DATE OF DECISION: 25 November 2008
LOWER COURT MEDIUM NEUTRAL CITATION: John Gilberg v Stevedoring Employees Retirement Fund Pty Ltd [2008] NSWSC 1317
- 10 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40041/09 SC 50121/08
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