Lynch v Sydney Ferries [2010] NSWSC 1463

New South Wales Supreme Court

CITATION : Lynch v Sydney Ferries [2010] NSWSC 1463

HEARING DATE(S) : 8 December 2010

JUDGMENT DATE : 8 December 2010

JURISDICTION : Equity Division Admiralty List

JUDGMENT OF : Rein J

DECISION : Orders made on 24 November 2010 stand.

CATCHWORDS : PROCEDURE - costs - maximum costs orders and capped costs - statutory cap on recovery of costs in personal injuries actions - where plaintiff made offer of compromise to defendants which was not accepted - where plaintiff accepted defendants' offer of compromise for the same amount and containing offer to pay costs on the ordinary basis - whether plaintiff entitled to indemnity costs from the defendants to avoid capping of costs in Legal Profession Act

LEGISLATION CITED : Legal Profession Act 2004 (NSW) Uniform Civil Procedure Rules 2005 (NSW)

CATEGORY : Consequential orders

CASES CITED : Shellharbour City Council v Johnson (No. 2) (2006) 67 NSWLR 308

Orion Evan Lynch by his tutor Elizabeth Lynch (plaintiff) PARTIES : Sydney Ferries Corporation (first defendant) Peter Lynch (second defendant) Keith Sutton (third defendant)

FILE NUMBER(S) : SC 2009/287068

COUNSEL : A J Stone (plaintiff) E G H Cox (defendants)

Stacks/Goudkamp (plaintiff) SOLICITORS : HWL Ebsworth Lawyers (first defendant) Curwood Lawyers (second and third defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION ADMIRALTY LIST

Rein J

Date of Hearing: 8 December 2010 Date of Judgment: 8 December 2010

2009/287068 Orion Evan Lynch by his Tutor Elizabeth Lynch v Sydney Ferries Corporation and ors