Newcastle City Council v Wieland (No 2) [2009] NSWCA 246

New South Wales Court of Appeal

CITATION: Newcastle City Council v Wieland (No 2) [2009] NSWCA 246

HEARING DATE(S): On the papers.

JUDGMENT DATE: 18 August 2009

JUDGMENT OF: Beazley JA at 1; Hodgson JA at 18; Ipp JA at 24

DECISION: Application for indemnity costs dismissed with costs.

CATCHWORDS: PROCEDURE - costs - departing from the general rule - unsuccessful appellant - whether costs should be paid on an indemnity basis - where respondents made Calderbank offer prior to hearing of the application for leave to appeal - where respondents made second Calderbank offer after leave to appeal was granted - where leave to appeal granted subject to the condition that the appellants pay the costs of both sides of the appeal in any event - where issue raised by appeal was of general public interest.

CATEGORY: Procedural and other rulings

Baulkham Hills Shire Council v Hahn [2008] NSWLEC 184 Charlick Trading Pty Ltd v Australian National Railways Commission [2001] FCA 629 Commonwealth of Australia v Gretton [2008] NSWCA 117 Evans Shire Council v Richardson (No 2) [2006] NSWCA 61 CASES CITED: Higgins v Nicol (No 2) (1972) 21 FLR 34 Innovative Agricultural Products Pty Ltd & Ors v Crawshaw & Ors [1966] FCA 758 Jones v Bradley (No 2) [2003] NSWCA 258 Mead & Anor v Allianz Australia Insurance Ltd [2007] NSWSC 500 Newcastle City Council v Paul Wieland [2009] NSWCA 113 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323

Newcastle City Council (First Appellant) PARTIES: HP Planning Services Pty Ltd (Second Appellant) Paul Wieland (First Respondent) Janine Wieland (Second Respondent)