NSW Caselaw
New South Wales Court of Appeal
CITATION: BOFINGER & Anor v KINGSWAY GROUP PTY LTD & Ors (No. 2) [2009] NSWCA 172
HEARING DATE(S): On written submissions.
JUDGMENT DATE: 2 July 2009
JUDGMENT OF: Giles JA; Handley AJA; Sackville AJA
DECISION: Costs payable by the guarantors to the fifth to seventh respondents on an indemnity basis from 7 December 2007. The guarantors pay the fifth to seventh respondents' costs of the application for indemnity costs.
CATCHWORDS: COSTS - indemnity costs - Calderbank offer - no question of principle.
Barnes v Addy (1874) LR 9 Ch App 244; CASES CITED: Jones v Bradley (No 2) [2003] NSWCA 258; Leichhardt Municipal Council v Green [2004] NSWCA 341; SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323.
Ronald John BOFINGER (1st Appellant) Sandra Anne BOFINGER (2nd Appellant) KINGSWAY GROUP PTY LTD (1st Respondent) RECKLEY PTY LTD (2nd Respondent) PARTIES: John Edward SKEHAN (3rd Respondent) David John LEVI & John Maxwell MORGAN (Joint Liquidators B & B Holdings Pty Ltd) (4th Respondents) Ron TOSOLINI (5th Respondent) Adrian MATTIUSSI (6th Respondent) Lou POLITO (7th Respondent) Peter HATHELIER (8th Respondent)
FILE NUMBER(S): CA 40782/07; 40909/07
COUNSEL: G McVay (1st & 2nd Appellants) R Darke SC (5th, 6th & 7th Respondents)
SOLICITORS: Warren McKeon Dickson (Appellants) Middletons (5th, 6th & 7th Respondents)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 2451/06
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