Vieira v O'Shea (No 2) [2012] NSWCA 121

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Vieira v O'Shea (No 2) [2012] NSWCA 121 Hearing dates: On the papers Decision date: 04 May 2012 Before: Basten JA at 1; Meagher JA at 1; Handley AJA at 1 Decision: (1) Revoke orders (4) and (5) made on 5 March 2012 relating to the costs of the trial and the appeal. (2) Set aside the order made in the District Court on 4 May 2011 as to the costs of the trial as between the plaintiff and the first defendant. (3) Order that the first defendant pay the plaintiff's costs of the plaintiff's claim against the first defendant in the District Court, assessed on the ordinary basis. (4) Order that the first respondent pay the appellant's costs of the appeal, to be assessed on the ordinary basis up to and including 7 June 2011 and thereafter on an indemnity basis. (5) There be no order as to the costs of this motion. [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 - exceptions to the general rule that costs follow the event - offer of compromise - compliance with Uniform Civil Procedure Rules 2005 (NSW) - plaintiff's offer required the defendant to pay plaintiff's costs - whether offer was exclusive of costs - purpose of requiring offers under the Rules to be exclusive of costs - Uniform Civil Procedure Rules 2005 (NSW), r 20.26