NSW Caselaw
New South Wales Court of Appeal
CITATION: REBENTA PTY LTD v WISE (NO 2) [2009] NSWCA 334
HEARING DATE(S): On the papers
JUDGMENT DATE: 14 October 2009
JUDGMENT OF: Ipp JA at 1; Basten JA at 1; Sackville AJA at 1
Vary the orders made on 24 July 2009 so that they provide:
DECISION: (1) Dismiss the appeal.
(2) Order the appellant to pay the respondent's costs in this Court, to be assessed on the indemnity basis.
CATCHWORDS: COSTS – indemnity costs – offer of compromise – valid offer made by respondent prior to trial – indemnity costs awarded by trial judge – offer extended again by respondent prior to appeal – respondent successful on appeal – whether costs incurred following pre-trial offer payable on indemnity basis – Uniform Civil Procedure Rules 2005 (NSW), r 51.49
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 (NSW), ss 92, 93 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.15A, 51.47, 51.48
CATEGORY: Consequential orders
CASES CITED: Ettingshausen v Australian Consolidated Press Ltd (1995) 38 NSWLR 404 Rebenta Pty Ltd v Wise [2009] NSWCA 212
PARTIES: Rebenta Pty Ltd - Appellant Peter Wise - Respondent
FILE NUMBER(S): CA 40864/07
COUNSEL: I M Jackman SC/J K Taylor - Respondent
SOLICITORS: Mallesons Stephen Jaques - Respondent
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 20349/1998
LOWER COURT JUDICIAL OFFICER: James J
LOWER COURT DATE OF DECISION: 30 November 2007
LOWER COURT MEDIUM NEUTRAL CITATION: Rebenta Pty Ltd v Wise [2007] NSWSC 1332
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40864/07 SC 20349/98
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