NSW Caselaw
New South Wales Court of Appeal
CITATION: S v State of New South Wales (No 2) [2009] NSWCA 236
HEARING DATE(S): 21, 22 and 26 May 2009
JUDGMENT DATE: 5 August 2009
JUDGMENT OF: Beazley JA; Giles JA; Macfarlan JA
(1) Order that the respondent pay $1,679,936.71 to the appellant. DECISION: (2) Order that the respondent pay the appellant's costs of the proceedings at first instance on the party and party basis until 7 March 2008 and from 8 March 2008 on the indemnity basis. (3) Order that the respondent pay the appellant's costs of the appeal on the party and party basis.
CATCHWORDS: PROCEDURE - costs - whether costs of appeal to be on indemnity basis - relevance of first instance pre-judgment offers not renewed in relation to the appeal - PROCEDURE - payment of judgment entered on appeal where additional claim remitted to primary judge for assessment
LEGISLATION CITED: Civil Procedure Act 2005 Supreme Court Act 1970
CATEGORY: Consequential orders
CASES CITED: Bennette v Cohen (No 2) [2009] NSWCA 162
PARTIES: "S" (Appellant) State of New South Wales (Respondent)
FILE NUMBER(S): CA 40396/08
R J Burbidge QC/D M Shoebridge (Appellant) COUNSEL: P Menzies QC/P D A Mallon (Respondent) P Singleton/M England (Commissioner of Police)
Edwards Michael Lawyers (Appellant) SOLICITORS: Crown Solicitor's Office (Respondent) Crown Solicitor's Office (Commissioner of Police)
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): SC 20125/06
LOWER COURT JUDICIAL OFFICER: Harrison J
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