Guest v Karl Romandi & Helen De Luis Pty Ltd (No. 2) [2012] NSWCA 105

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Guest v Karl Romandi & Helen De Luis Pty Ltd (No. 2) [2012] NSWCA 105 Hearing dates: On the papers Decision date: 20 April 2012 Before: Young JA Meagher JA Decision: (1) Order that the applications of the parties to vary the orders as to costs made on 13 April 2012 be dismissed. (2) Order that there be no order as to the costs of the applications dealt with by this judgment. [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 - offers of compromise - Calderbank offers - no question of principle Legislation Cited: UCPR r 36.16(3A). Cases Cited: Commonwealth of Australia v Gretton [2008] NSWCA 117 Evans Shire Council v Richardson (No 2) [2006] NSWCA 61 Jones v Bradley (No 2) [2003] NSWCA 258 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Category: Costs Parties: Phillip Guest (First applicant) Melissa Guest (Second applicant) Karl Romandi & Helen de Luis Pty Ltd (Respondent) Representation: Counsel: M Tyson (Applicants) D Moujalli (Respondent) Solicitors: W Lawyers (Applicants) McCulloch & Buggy (Respondent) File Number(s): CA 2011/12350 Decision under appeal Citation: Karl Romandi & Helen de Luis Pty Ltd v Guest [2011] NSWSC 1124 Date of Decision: 2011-09-21 00:00:00 Before: Fullerton J File Number(s): 2011/12350