Arnold v Forsythe (No 2) [2012] NSWCA 283

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Arnold v Forsythe (No 2) [2012] NSWCA 283 Hearing dates: On the papers Decision date: 13 September 2012 Before: McColl JA at [1] Sackville AJA at [2] Decision: 1. The appellant's motion filed on 8 March 2012 be dismissed. 2. The appellant pay the respondents' costs of the motion. 3. The respondents, if otherwise qualified, have a certificate in respect of the appeal under the Suitors Fund Act 1951. [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 - application based on Calderbank letter - no genuine offer of compromise. Legislation Cited: Suitors Fund Act 1951 Cases Cited: N/A Texts Cited: N/A Category: Costs Parties: Peter Munro Arnold (Applicant)

David Ross Forsythe (First Respondent)

Graeme John Weidenhofer (Second Respondent)

Paul Geoffrey Mannion trading as Rost & Kitchener, Chartered Accountants (Third Respondent) Representation: Counsel: B.K. Nolan (Applicant) N/A (Respondents) Solicitors: John Conti Lawyer (Applicant) Beswick Lynch Lawyers (Respondents) File Number(s): 2008/318542-006 Decision under appeal Date of Decision: 2011-03-04 00:00:00 Before: Truss DCJ File Number(s): 2008/318542