Green v Bruckner [2009] NSWSC 700

New South Wales Supreme Court

CITATION : Green v Bruckner [2009] NSWSC 700

6 May 2009 HEARING DATE(S) : 3 June 2009 Plaintiff's supplementary submissions 10 June 2009 Defendant's written submissions 24 June 2009 Plaintiff's further written submissions

JUDGMENT DATE : 24 July 2009

JUDGMENT OF : Price J at 1

DECISION : 1. Leave to appeal granted. 2. The orders as to costs made by Dr G Fleming LCM on 29 January 2009 are set aside. 3. On the plaintiff's claim Louise Jean Bruckner (the defendant) is to pay the plaintiff's costs in the sum of $2,000. 4. On the cross-claim, Louise Jean Bruckner (the cross-claimant) is to pay one half of the costs of Allen Green (the cross- defendant) on an ordinary basis. 5. The defendant is to pay the plaintiff's costs of the appeal. The defendant (the respondent to the appeal) is to have a certificate under the Suitors Fund Act 1951.

CATCHWORDS : Common law - Local Court appeal - costs following the event - Calderbank offer - counter offer - exercise of discretion

Civil Procedure Act 2005 s 98(1), LEGISLATION CITED : Uniform Civil Procedure Rule 36.7, 42.1, 42.2, 50.4(2) Local Courts Act 1982 s 73(1), s 74(2)(c),

CATEGORY : Principal judgment

Australian Prudential Regulation Authority v Holloway [2000] FCA 1245 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Commonwealth of Australia v Gretton [2008] NSWCA 323 CASES CITED : House v The King (1936) 55 CLR 499 Jones v Bradley (No. 2) [2003] NSWCA 258 Nicholas v Lee [2008] NSWSC 1243 Perpetual Trustees Victoria Limited v Cipri [2009] NSWCA 335 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323