United Airlines Inc v Sercel Australia Pty Ltd (No 2) [2012] NSWCA 118

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: United Airlines Inc v Sercel Australia Pty Ltd (No 2) [2012] NSWCA 118 Hearing dates: On the papers Decision date: 03 May 2012 Before: Allsop P at [1] Macfarlan JA at [10] Handley AJA at [11] Decision: (1) Vary the orders of the Court made on 5 March 2012 by varying the third order made: that "Appeal dismissed with costs" such that it reads and be so ordered that "Appeal dismissed with costs, such costs on the ordinary basis up to and including 12 April 2011, and on an indemnity basis thereafter." (2) Appellant to pay the costs of the notice of motion of 16 March 2012 on the ordinary basis. [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 - offer of compromise Cases Cited: Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 United Airlines Inc v Sercel Australia Pty Ltd [2012] NSWCA 24 Category: Costs Parties: United Airlines Incorporated (Applicant) Sercel Australia Pty Limited (Respondent) Representation: Counsel: R S McIlwaine SC (Applicant) M J Jenkins (Respondent) Solicitors: Blackstone Waterhouse Lawyers (Applicant) Moray & Agnew Lawyers (Respondent) File Number(s): 2010/55277 Decision under appeal Date of Decision: 2010-03-01 00:00:00 Before: Robison DCJ File Number(s): 855 of 2009