NSW Caselaw
New South Wales Court of Appeal
CITATION: PENRITH RUGBY LEAGUE CLUB LTD TRADING AS CARDIFF PANTHERS v ELLIOT (NO 2) [2009] NSWCA 356
HEARING DATE(S): On the papers
JUDGMENT DATE: 3 November 2009
JUDGMENT OF: Ipp JA at 1; Basten JA at 1; Sackville AJA at 1
DECISION: Set aside Order 2(b) made on 18 August 2009 and substitute the following: "Order the plaintiff to pay the defendant's costs on a party and party basis until 29 October 2008 and on an indemnity basis thereafter".
CATCHWORDS: COSTS – indemnity costs – offers of compromise – valid offer made by defendant/appellant prior to trial – damages awarded against defendant/appellant at trial – defendant/appellant successful on appeal – whether costs of trial payable by plaintiff/respondent on indemnity basis – Uniform Civil Procedure Rules 2005 (NSW), r 42.15A
LEGISLATION CITED: Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, Pt 20; 42.13, 42.15A, Pt 42
CATEGORY: Consequential orders
Brymount Pty Ltd v Cummins (No 2) [2005] NSWCA 69 CASES CITED: Calderbank v Calderbank [1975] 3 All ER 333 Penrith Rugby League Club Ltd trading as Cardiff Panthers v Elliot [2009] NSWCA 247 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323
PARTIES: Penrith Rugby League Club Ltd trading as Cardiff Panthers – Appellant Yvonne Marie Elliot - Respondent
FILE NUMBER(S): CA 40051/09
COUNSEL: R G Gambi - Appellant C A W Hart - Respondent
SOLICITORS: HWL Ebsworth Lawyers – Appellant Bale Boshev Lawyers - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 210/07
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