Hughes v Geraldine Daley trading as Colin Daley Quinn, Solicitors And Barristers (No. 2) [2013] NSWSC 1213

Supreme Court New South Wales

Medium Neutral Citation: Hughes v Geraldine Daley trading as Colin Daley Quinn, Solicitors And Barristers (No. 2) [2013] NSWSC 1213 Hearing dates: 30 August 2013 Decision date: 30 August 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. Appeal allowed with costs, cross-summons dismissed with costs. 2. Set aside the decision of the Costs Assessor that costs incurred after 14 July 2005 be assessed and allowed on the basis set out in the costs agreement dated 14 July 2005 and in updated disclosure documents. 3. Remit the matter to the Costs Assessor for determination in accordance with the judgment of the Court. 4. Order that the Defendants pay the Plaintiff interest on such amount as is determined by the Costs Assessor to be repayable by the Defendants to the Plaintiff from 2 February 2012 until date of payment at the rates prescribed for the relevant period for the purposes of s 101 of the Civil Procedure Act 2005, (For avoidance of doubt, if the Defendants make part payment, such interest continues to run only on the amount unpaid by them from time to time.) 5. Order that the Defendants / Cross-Plaintiffs pay the costs of the Plaintiff / First Cross-Defendant referred to in order 1 a. on an indemnity basis as from the beginning of 27 April 2013 and b. on the ordinary basis before 27 April 2013. 6.Costs of the present application payable by the Defendant on the ordinary basis. Catchwords: COSTS - indemnity costs - offer of compromise - alternative offers - whether one alternative was ambiguous - no point of principle Legislation Cited: Civil Procedure Act 2005 Motor Accidents Compensation Regulation 2005 Cases Cited: Hughes v Geraldine Daley trading as Colin Daley Quinn, Solicitors And Barristers [2013] NSWSC 806. Category: Costs Parties: Amanda Hughes (Plaintiff/First Cross-Defendant) Geraldine Anne Daley (First Defendant/First Cross Claimant) Timothy William Daley (Second Defendant/Second Cross-Claimant) John Hope Gibson (Second Cross-Defendant) Representation: Counsel: M Brabazon SC (Plaintiff/ First Cross-Defendant) M Castle (First and Second Defendants/First and Second Cross-Claimants) Submitting appearance (John Hope Gibson - Second Cross-Defendant) Solicitors: Diamond Conway Lawyers (Plaintiff/ First Cross-Defendant) DGT Costs Lawyers (First and Second Defendants/First and Second Cross-Claimants) Crown Solicitor's Office (John Hope Gibson - Second Cross-Defendant) File Number(s): 2013/84085