Orcher v Bowcliff Pty Ltd [2012] NSWSC 1429

Supreme Court New South Wales

Medium Neutral Citation: Orcher v Bowcliff Pty Ltd [2012] NSWSC 1429 Hearing dates: 2 November 2012 Decision date: 23 November 2012 Before: Harrison J Decision: 1. Order the first defendant to pay the plaintiff's costs on the ordinary basis up to and including 7 September 2010 and thereafter on an indemnity basis. 2. Order the third defendant to pay the plaintiff's costs on the ordinary basis up to and including 17 December 2010 and thereafter on an indemnity basis. 3. Stay execution of the judgment against the first and third defendants until further order upon their undertaking to prosecute any appeals to the Court of Appeal that they may be advised to commence with all due despatch. Catchwords: PROCEDURE - costs - departing from the general rule - plaintiff seeking order for costs on indemnity basis from first and third defendants - UCPR 20.26 - whether offers of compromise valid under rule - whether conduct of plaintiff throughout litigation disentitling - award of costs on indemnity basis

PROCEDURE - judgment and orders - application by first and third defendants for stay of judgment pending appeal - stay opposed - where affidavit sworn by officer of the Court attesting to indemnification of first and third defendants - stay granted Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Collins v Sydney Ports Corporation [2012] NSWSC 1316 Old v McInnes and Hodgkinson [2011] NSWCA 410 Orcher v Bowcliff Pty Ltd [2012] NSWSC 1088 Pritchard v Trius Constructions Pty Ltd (No 2) [2011] NSWSC 1114 Vieira v O'Shea (No 2) [2012] NSWCA 121 Woolworths Ltd v Strong (No 2) (2011) 80 NSWLR 445; [2011] NSWCA 72 Category: Consequential orders Parties: John James Orcher (Plaintiff) Bowcliff Pty Ltd (t/as The Bridge Hotel Rozelle) (First Defendant) Tamiano Paseka (Second Defendant) Richard Francis Keough (Third Defendant) QBE Insurance (Australia) Limited (Fourth Defendant) Representation: Counsel: J E Sexton SC with C P Heazlewood (Plaintiff) R S Sheldon SC (First and Third Defendants) M T McCulloch SC (Fourth Defendant) Solicitors: Carneys Lawyers (Plaintiff) Wotton + Kearney (First and Third Defendants) HWL Ebsworth (Fourth Defendant) File Number(s): 2006/296392