Paul Harris v Dr Michael Bellemore (No 3) [2010] NSWSC 907

New South Wales Supreme Court

CITATION : Paul Harris v Dr Michael Bellemore (No 3) [2010] NSWSC 907

HEARING DATE(S) : 5 August 2010

JUDGMENT DATE : 13 August 2010

JUDGMENT OF : McCallum J at 1

1. Subject to order 2, I order the defendant to pay the plaintiff's costs of the proceedings up to and including 6 March 2009. 2. I order the defendant to pay the plaintiff's costs thrown away by reason of the defendant's denial until 7 April 2009 of the matters admitted by letter that day, including any costs incurred after 6 March 2009, assessed on an indemnity basis. DECISION : 3. Subject to order 2, I order each party to bear his own costs of the proceedings from 7 March 2009 to 11am on 8 April 2009. 4. I order the plaintiff to pay the defendant's costs of the proceedings, assessed on an indemnity basis, from 11 am on 8 April 2009 apart from the costs of the present application. 5. I order each party to bear his own costs of the present application. 6. I grant liberty to the plaintiff to re-list the proceedings before me within 2 months of today in the event that he wishes to make any application against any of his former solicitors under section 99 of the Civil Procedure Act 2005.

CATCHWORDS : COSTS - application for indemnity costs following late admission of liability - offers of compromise.

LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005

CATEGORY : Consequential orders

Harris v Bellemore [2010] NSWSC 176 Lahoud v Lahoud [2006] NSWSC 126 Oshlack v Richmond River Council (1998) 193 CLR 72 CASES CITED : Jones v Bradley (2) [2003] NSWCA 258 SMEC Testing Services Pty Ltd v The Campbelltown City Council [2000] NSWCA 323 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (2) [2008] NSWCA 85 Hillier v Sheather (1995) 36 NSWLR 414