Barecall Pty Ltd v Hoban & Ors (No 2) [2010] NSWCA 304

New South Wales Court of Appeal

CITATION: Barecall Pty Ltd v Hoban & Ors (No 2) [2010] NSWCA 304

HEARING DATE(S): On the papers

JUDGMENT DATE: 12 November 2010

JUDGMENT OF: Allsop P at 1; Macfarlan JA at 17; Handley AJA at 18

DECISION: 1. Set aside the orders of the Court made on 3 December 2009 in relation to the costs of proceedings below and in lieu thereof order that the plaintiff pay the first, second, third and fifth defendants' costs of the proceedings. 2. The appellant pay the respondents' costs of the appeal, with the exception of the argument as to costs of the proceedings below and in respect of the costs of that matter, the first, second, third and fifth respondents' pay the appellant's costs.

CATCHWORDS: COSTS – indemnity costs – offer of compromise – reasonableness of rejection

LEGISLATION CITED: Uniform Civil Procedures Rules 2005, r 20.26 (2)

CATEGORY: Consequential orders

CASES CITED: Barecall Pty Ltd v Hoban [2010] NSWCA 269

Barecall Pty Limited ACN 060 527 095 (Appellant) David Hoban (First Respondent) PARTIES: Deon Russell Harvey (Second Respondent) Anthony Rossi (Third Respondent) Radoslav Spadina (Fourth Respondent) Jason Lussick (Fifth Respondent)

FILE NUMBER(S): CA 2006/257180

Mr D E Baran (Appellant) COUNSEL: Mr G Blank (First Respondent) Mr M Evans with Ms C Sclavos (Second, Third & Fifth Respondents)

Schreuder Partners Lawyers (Appellant) Goodman Law (First Respondent) SOLICITORS: Lathams Lawyers (Second & Third Respondents) In Person (Fourth Respondent) Medcalf Grant Lawyers (Fifth Respondent)