Monaghan Surveyors Pty Ltd v Stratford Glen-Avon Pty Ltd (No 2) [2012] NSWCA 347

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Monaghan Surveyors Pty Ltd v Stratford Glen-Avon Pty Ltd (No 2) [2012] NSWCA 347 Hearing dates: On the papers Decision date: 26 October 2012 Before: McColl JA at [1]; Basten JA at [2]; Young AJA at [30] Decision: (1) Allow the appeal in part and set aside order (2) made in the District Court on 13 December 2010 giving judgment for the plaintiff against each defendant in the sum of $474,360.89. (2) In place of the order set aside, give judgment for the plaintiff against each defendant in the sum of $217,000. (3) Otherwise dismiss the appellants' appeal. (4) Order that the respondent pay 50% of the appellants' costs in this Court. (5) Grant the respondent a certificate under the Suitors' Fund Act 1951 (NSW) if not disqualified pursuant to s 6(7). [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 - costs of appeal - appeal substantially allowed - appellants made Calderbank offer - whether offer included costs of trial - whether appellants bettered their offer - whether offer provides basis for assessing appellants' success on appeal - whether respondent should pay appellants' costs of appeal