Agricultural and Rural Finance Pty Ltd v Brakatselos [2012] NSWCA 17

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Agricultural and Rural Finance Pty Ltd v Brakatselos [2012] NSWCA 17 Hearing dates: 14-16 February 2012 Decision date: 16 February 2012 Before: Campbell JA at [1], [11] Barrett JA at [9] Sackville AJA [10] Decision: Application for leave to cross appeal, insofar as it relates to the applications for leave to cross appeal against the two costs orders, is dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COSTS - indemnity costs - where offer of compromise or Calderbank letter - applicants seek leave to cross appeal against costs orders in Court below - where primary judge ordered costs on the usual basis despite Calderbank offer - applicant argued that a correct exercise of the discretion would have resulted in an award for indemnity costs in its favour - consideration of Jones v Bradley (No 2) - insufficient reason to interfere with primary judge's exercise of discretion - leave refused Legislation Cited: Supreme Court Act 1970 Cases Cited: Jones v Bradley (No 2) [2003] NSWCA 258 Category: Interlocutory applications Parties: Agricultural and Rural Finance Pty Ltd (Applicant) Peter Brakatselos (First Respondent) Geoffrey Nevell Fredericksen (Second Respondent) Allan Patrick Holmes (Third Respondent) Nicholas Charles Rowe (Fourth Respondent) Maria Francesco Russo (Fifth Respondent) David James Wardle (Sixth Respondent) Jennifer Dianne Wallace (Seventh Respondent) Franco Giannuzzi (Eighth Respondent) Gavin Winston Long (Ninth Respondent) Maria Michael (Tenth Respondent) Christina Spyrakis (Eleventh Respondent) Representation: Counsel TS Hale SC; CJ Bevan (Applicant) SD Epstein SC; A Tsekouras (Respondents) Solicitors Evangelos Patakas & Associates (Applicant) Abadee Dresdner Freeman Lawyers (Respondents) File Number(s): 2003/92819 Decision under appeal Jurisdiction: 9111 Date of Decision: 2011-06-09 00:00:00 Before: Einstein J File Number(s): 2003/92819