Bathurst Regional Council as Trustee for the Bathurst City Council Crown Reserves Reserve Trust v Thompson (No 2) [2012] NSWCA 420

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bathurst Regional Council as Trustee for the Bathurst City Council Crown Reserves Reserve Trust v Thompson (No 2) [2012] NSWCA 420 Hearing dates: On the papers Decision date: 14 December 2012 Before: Meagher JA at [1] Hoeben JA at [2] Tobias AJA at [18] Decision: (1) The costs order of 26 October 2012 is varied. The appellant is to pay the respondent's costs of the appeal on a party/party basis to 27 March 2012 and thereafter on an indemnity basis. (2) The respondent is to pay the costs of this application. [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 - offer of compromise before trial - whether that offer entitled offeror to indemnity costs of appeal - application dismissed. Legislation Cited: Defamation Act 1974 Cases Cited: Bathurst Regional Council as Trustee for the Bathurst City Council Crown Reserves Reserve Trust v Thompson [2012] NSWCA 340 Channel 7 Sydney Pty Ltd v Mahommed (No 2) [2011] NSWCA 6; 80 NSWLR 210 Encyclopaedia Britannica Australia Ltd v Campbell (No 2) [2009] NSWCA 335 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 at [37] Uniting Church in Australia Property Trust (NSW) v Takacs (No 2) [2008] NSWCA 172 Category: Costs Parties: Bathurst Regional Council as Trustee for the Bathurst City Council Crown Reserves Reserve Trust - Appellant Gregory Thompson - Respondent Representation: Counsel: Mr R Sheldon SC - Appellant Mr M Neil QC/Mr M Thompson - Respondent Solicitors: DLA Piper Australia - Appellant Gerard Malouf & Partners - Respondent File Number(s): 2012/43333 Decision under appeal Date of Decision: 2011-11-07 00:00:00 Before: Nicholson SC DCJ File Number(s): 2012/212559