NSW Caselaw
New South Wales Court of Appeal
CITATION: Pittorino v Yates [2009] NSWCA 87
HEARING DATE(S): 4 February 2009
JUDGMENT DATE: 27 April 2009
JUDGMENT OF: Beazley JA at 1; Tobias JA at 2; Handley AJA at 43
(a) Leave to appeal granted; DECISION: (b) The claimant's notice of appeal to be filed within 7 days of the date of these orders; (c) Appeal dismissed; (d) The claimant to pay the opponent's costs of the summons for leave to appeal and the appeal.
CATCHWORDS: PROCEDURE – costs – departing from the general rule – conduct of parties – offer of compromise – whether offer of compromise made less than two months before the date of commencement of the trial had been left open for a reasonable time – whether the reasonableness of the time for which an offer is left open for acceptance is assessed as at the date the offer is made or having regard to circumstances both before and after that date
LEGISLATION CITED: Uniform Civil Procedure Rules 2005
Hillier v Sheather (1995) 36 NSWLR 414, 422 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2008] NSWCA 85 CASES CITED: Leda v Weerden (No 3) [2006] NSWSC 220 Morgan v Johnson [1998] NSWSC 367; (1998) 44 NSWLR 578 New South Wales Insurance Ministerial Corporation v Reeve (1993) 42 NSWLR 100 South Eastern Sydney Area Health Service v King [2006] NSWCA 2
PARTIES: Nazzareno Pittorino Sharmain Yates
FILE NUMBER(S): CA 40901/07
COUNSEL: Cl: L King SC Opp: H Kelly SC
SOLICITORS: Cl: Moray & Agnew, Newcastle Opp: Stacks, Coolangatta
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