Barakat and others v Bazdarova [2012] NSWCA 140

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Barakat and others v Bazdarova [2012] NSWCA 140 Hearing dates: On the papers Decision date: 18 May 2012 Before: Bathurst CJ at 1; Whealy JA at 2; Tobias AJA at 3 Decision: The appellants to pay the respondent's costs of the appeal on the ordinary basis up to 5 August 2011 and on an indemnity basis as and from 6 August 2011. [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: APPEAL - Grounds of appeal not available to be argued as were directly inconsistent with the concessions made at trial - Appeal dismissed

COSTS - Indemnity costs - Offer of compromise - Whether offer of compromise was genuine - Whether offer was "exclusive of costs" - Compliance with Uniform Civil Procedure Rules 2005 Legislation Cited: Civil Procedure Act 2005 District Court Rules 1973 Fair Trading Act Legal Profession Act 1987 Supreme Court Rules Uniform Civil Procedure Rules 2005 Cases Cited: Caine v Lumley General Insurance Limited (No 2) [2008] NSWCA 109 Dargan v United Super Pty Ltd (No 2) [2011] NSWSC 1527 Dean v Stockland Property Management Pty Ltd (No 2) [2010] NSWCA 141 George v Webb [2012] NSWSC 86 Jovanovski v Billbergia Pty Ltd (No 2) [2010] NSWSC 617 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Morgan v Johnson (1998) 44 NSWLR 578 Nominal Defendant v Hawkins [2011] NSWCA 93; 58 MVR 362 Regency Media Pty Limited v AAV Australia Pty Limited [2009] NSWCA 368 Southeastern Sydney Area Health Service v King [2006] NSWCA 2 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 Category: Costs Parties: Tony BARAKAT, Russell Walter KEDDIE and Scott John ROULSTONE t/as KEDDIES LAWYERS (appellants) Snezana BAZDAROVA in her capacity as Executrix of the Estate of the late Stavre Bazdarov (respondent) Representation: Counsel: M L BRABAZON SC/ J M MORRIS (appellants) G M WATSON SC/ G J O'MAHONEY (respondent) Solicitors: Verekers Lawyers (appellant) Firths - The Compensation Lawyers (respondent) File Number(s): 2011/240564 Decision under appeal Date of Decision: 2011-06-24 00:00:00 Before: Ashford DCJ File Number(s): 2011/15729