Great Wall Resources Pty Ltd v O'Sullivan & Anor (No 2) [2009] NSWCA 184

New South Wales Court of Appeal

CITATION: Great Wall Resources Pty Ltd v O'Sullivan & Anor (No 2) [2009] NSWCA 184

HEARING DATE(S): On the Papers

JUDGMENT DATE: 9 July 2009

JUDGMENT OF: Giles JA; Ipp JA; Macfarlan JA

DECISION: (1) Order that the money paid into court by the appellant on 23 October 2008 be paid out to the respondents on account of the damages to which they are entitled by the decision of McLaughlin AsJ of 19 May 2008. (2) Order that the costs ordered by this Court on 4 June 2009 to be paid by the appellant to the respondents to be paid on a party and party basis up to and including 8 September 2008 and thereafter on an indemnity basis.

CATCHWORDS: COSTS - application for indemnity costs - Calderbank letter - no issue of principle

CATEGORY: Consequential orders

CASES CITED: Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No 2) [2009] NSWCA 12 Dodd v Arnold (No 2) [2009] NSWCA 19

Great Wall Resources Pty Ltd (Appellant) PARTIES: Stephen O'Sullivan (First Respondent) Norella O'Sullivan (Second Respondent)

FILE NUMBER(S): CA 40249/08

COUNSEL: R B Wilson (Appellant) T H Barrett (Respondents)

SOLICITORS: Daly Lawyers (Appellant) Russell McLelland Brown Lawyers (Respondents)

LOWER COURT JURISDICTION: Supreme Court

LOWER COURT FILE NUMBER(S): SC 1313/06

LOWER COURT JUDICIAL OFFICER: McLaughlin AsJ

LOWER COURT DATE OF DECISION: 19 May 2008

LOWER COURT MEDIUM NEUTRAL CITATION: O'Sullivan v Great Wall Resources Pty Limited [2008] NSWSC 1115

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40249/08 SC 1313/06