Galea v Farrugia (No 2) [2013] NSWCA 376

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Galea v Farrugia (No 2) [2013] NSWCA 376 Hearing dates: On the papers Decision date: 13 November 2013 Before: Bathurst CJ at [1] Macfarlan JA at [2] Ward JA at [9] Decision: The respondents' Notice of Motion is dismissed with 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 - successful respondents sought indemnity costs - UCPR r 20.26 offer of compromise and Calderbank offer to settle appeal on a "walk away basis" - inference that respondents had undertaken little work on the appeal when offers made - no genuine compromise offered - application refused Cases Cited: Vagg v McPhee (No 2) [2013] NSWCA 126 Category: Costs Parties: Paul Galea (First Appellant) Mary Galea (Second Appellant) Lepipi Pty Ltd (Third Appellant) David Farrugia (First Respondent) Mary Farrugia (Second Respondent) J & L Cauchi Pty Ltd (Third Respondent) Joe Cauchi (Fourth Respondent) Representation: Counsel: M J Neil QC (Appellants) P Barham (First and Second Respondents) J A Hogan-Doran (Third and Fourth Respondents) Solicitors: Mosca & Scott (Appellants) NSW Compensation Lawyers (First and Second Respondents) Balmain Lawyers (Third and Fourth Respondents) File Number(s): CA 2012/82184 Decision under appeal Jurisdiction: 9111 Citation: Galea v Farrugia [2012] NSWSC 77 Date of Decision: 2012-02-21 00:00:00 Before: Hislop J File Number(s): 2003/91314