Bogle v Kasan [2013] NSWSC 295

Supreme Court New South Wales

Medium Neutral Citation: Bogle v Kasan [2013] NSWSC 295 Hearing dates: 29/01/13, 01/02/13 Decision date: 08 March 2013 Jurisdiction: Common Law Before: Button J Decision: The Court orders that: (1A) The defendant's application of 1 February 2013 be dismissed with costs. (1) Pursuant to section 76 of the Civil Procedure Act 2005, the settlement of the plaintiff's claim is approved. (2) Judgment for the plaintiff against the defendant in the sum of $495,000 plus costs as agreed or assessed ("the Judgment"). The Court notes that: (3) The defendant will be at liberty to deduct and pay out of the Judgment any moneys repayable by the plaintiff to any person or body, whether in respect of social services, health services or otherwise, concerning which any demand or notice has been served on or given to the defendant or its solicitors or the insurers. (4) No interest will be payable in respect of the Judgment if the Judgment is paid within 28 days after whichever of the following events occurs last: (i) Entry of Judgment by the Court, or (ii) Receipt by the defendant of a final notice of reimbursement in accordance with the Health and Other Services (Compensation)Act 1995 as amended and a duly completed Medicare Australia Notice and Details of Settlement form signed by the plaintiff's solicitor, or (iii) Where the defendant or its insurer has been or is notified that there may be moneys owing to Centrelink (Department of Social Security), receipt by the defendant of a final notice from Centrelink informing it of the amount of the payback or of the fact that no moneys are repayable. (5) (a) No interest shall be payable in respect of costs if the costs are paid within 28 days after whichever of the following events occurs last: (i) The costs being agreed, or (ii) Receipt by the defendant of a written notice of the assessment of costs, or (iii) Receipt by the defendant of a written document signed by the plaintiff authorising and directing payments of the costs, and (b) If interest becomes payable in accordance with 5(a), the interest will only be calculated from the date which is 28 days after the last event. The Court directs that: (6) The Judgment sum, after deduction of any amounts payable to Centrelink or Medicare Australia, is to be paid into Court pending further orders as to the investment and management of that sum. (7) Costs are to be paid directly to the plaintiff's solicitors in accordance with an Authority to Receive satisfactory to the defendant. (8) The confidential material placed before the Court on behalf of the plaintiff will be retained in the court file in an envelope marked "Only to be opened by order of a Judge". Catchwords: COSTS - Calderbank offer - offeree settled for similar amount many months later - state of expert evidence changed - whether any justification to depart from usual costs orders - whether rejection of Calderbank offer unreasonable in the circumstances - usual costs order made