NSW Caselaw
New South Wales Court of Appeal
CITATION: Noon & Anor v Bondi Beach Astra Retirement Village Pty Ltd & Anor (No 2) [2010] NSWCA 285
HEARING DATE(S): On written submissions
JUDGMENT DATE: 2 November 2010
JUDGMENT OF: Giles JA; Macfarlan JA; Young JA
DECISION: Notice of motion dismissed with costs.
CATCHWORDS: COSTS - indemnity costs - Calderbank letter - reasonableness of rejection - offeree successful below - reasoning of judges in Court of Appeal differed although result agreed - reasonableness not determined with hindsight - not unreasonably rejected.
East West Airline Ltd v Turner (No 2) [2010] NSWCA 159; Gretton v Commonwealth of Australia [2007] NSWSC 149; CASES CITED: Herning v GWS Machinery Pty Ltd (No 2) [2005] NSWCA 375; Jones v Bradley (No 2) [2003] NSWCA 258; Leichhardt Municipal Council v Green [2004] NSWCA 341; SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323.
Gregory Brian Noon (Co-Executor of the Estate of the Late Brian Robert Noon) - First Appellant PARTIES: Matthew Jack Noon (Co-Executor of the Estate of the Late Brian Robert Noon) - Second Appellant Bondi Beach Astra Retirement Village Pty Ltd - First Respondent C G Maloney Pty Ltd - Second Respondent
FILE NUMBER(S): CA 2009/298339
COUNSEL: M J Darke - Appellants R J Brender - Respondents
SOLICITORS: Gilbert + Tobin - Appellants Stephen Wawn & Associates - Respondents
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 5436/06
LOWER COURT JUDICIAL OFFICER: Smart AJ
LOWER COURT DATE OF DECISION: 2 June 2009
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