Prior v Brown (No 2) [2013] NSWCA 85

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Prior v Brown (No 2) [2013] NSWCA 85 Hearing dates: On the papers Decision date: 18 April 2013 Before: Basten JA; Hoeben CJ at CL; Ward JA Decision: In addition to the order dismissing the appeal made on 6 February 2013, the Court makes the following order: The appellant is to pay the respondent's costs of the appeal, to be assessed: (a) up to and including 14 March 2012, on the ordinary basis, and (b) on and from 15 March 2012, on the indemnity basis. [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 - indemnity costs - no issue of principle Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.15A, 51.47 Cases Cited: Prior v Brown [2013] NSWCA 4 Category: Consequential orders Parties: Helen Terese Prior (Appellant) Leonard Graham Brown (Respondent) Representation: Counsel:

Mr J Millar (Respondent) Solicitors:

Peter Cornock & Associates (Appellant) Swaab Attorney (Respondent) File Number(s): CA 2012/21444 Decision under appeal Jurisdiction: 9111 Citation: Prior v Brown [2011] NSWSC 1006 Date of Decision: 2011-10-14 00:00:00 Before: Hallen AsJ File Number(s): SC 2007/4969