Melchior and Ors v Sydney Adventist Hospital Ltd and Anor (No 2) [2009] NSWSC 65

New South Wales Supreme Court

CITATION : Melchior and Ors v Sydney Adventist Hospital Ltd and Anor (No 2) [2009] NSWSC 65

HEARING DATE(S) : On the papers

JUDGMENT DATE : 20 February 2009

JUDGMENT OF : Hoeben J

Plaintiffs are to pay the first defendant's costs, as agreed or assessed. DECISION : Plaintiffs are to pay the second defendant's costs, as agreed or assessed, up to and including 13 March 2008 and thereafter on an indemnity basis. Plaintiffs are to pay the second defendant's costs of this application.

CATCHWORDS : COSTS - offer of compromise - "walk away" offer made - offer not accepted - whether exceptional circumstances established by offerees.

LEGISLATION CITED : Part 42 Uniform Civil Procedure Rules - r 42.15A

CATEGORY : Consequential orders

Fowdl v Fowdl, Court of Appeal, 4 November 1993, unreported, per Kirby P at 12 Hillier v Sheather (1995) 36 NSWLR 414 at 422-423 Leichhardt Municipal Council v Green [2004] NSWCA 341 at [19] CASES CITED : Macquarie Radio Network Pty Ltd v Arthur Dent (No 2) [2007] NSWCA 339 Maitland Hospital v Fisher [No 2] (1992) 27 NSWLR 721 at 725 South Eastern Sydney Area Health Service v King [2006] NSWCA 2 at [83] – [84] Morgan v Johnson (1998) 44 NSWLR 578 at 581-582

Elizabeth Melchior - Plaintiff Stephanie Melchior by her next friend Elizabeth Melchior - Plaintiff Gerard Melchior by his next friend Elizabeth Melchior - Plaintiff PARTIES : Hugh Melchior by his next friend Elizabeth Melchior - Plaintiff Beverley Melchior - Plaintiff Sydney Adventist Hospital - First Defendant Doctor Scott Newman - Second Defendant