Parramatta City Council v Stewart [2013] NSWCA 163

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Parramatta City Council v Stewart [2013] NSWCA 163 Hearing dates: 3 June 2013 Decision date: 03 June 2013 Before: Emmett JA at [1], [18]; Sackville AJA at [17], [19]; Decision: The Court orders that: 1. The application for leave be refused. 2. The applicant pay the respondent's costs. [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 - indemnity costs for whole proceeding until date of order awarded against defendant as condition of adjournment sought by defendant - where defendant accepted indemnity costs order without complaint as condition of adjournment - leave to appeal refused

COSTS - indemnity costs - offer of compromise by respondent - where only compromise was to forego costs of appeal - whether genuine compromise where costs already limited by s 338 of Legal Profession Act 2004 Legislation Cited: District Court Act 1973 s 127(2)(b) Civil Procedure Act 2005 ss 56, 61 Legal Profession Act 2004 ss 338, 341 Category: Principal judgment Parties: Parramatta City Council (Appellant) James Williams Stewart (Respondent) Representation: Counsel: D Kelly (Appellant) R Royle (Respondent) Solicitors: McCulloch and Buggy (Appellant) Ray Wehbe & Co (Respondent) File Number(s): CA 2012/208608 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-06-20 00:00:00 Before: Delaney DCJ File Number(s): 2011/191197