Borg v Ramsay Health Care (No 2) [2014] NSWSC 133

Supreme Court New South Wales

Medium Neutral Citation: Borg v Ramsay Health Care (No 2) [2014] NSWSC 133 Hearing dates: 20 February 2014 Decision date: 27 February 2014 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the defendants to pay the plaintiff's costs of the proceedings on an ordinary basis to 6 September 2012. (2) Order the plaintiff to pay the defendants' costs of the proceedings on an indemnity basis from 7 September 2012 Catchwords: COSTS - offer of compromise - time of offer - whether information available at time of offer made it unreasonable for the plaintiff to refuse offer - plaintiff's ignorance of existence of video surveillance filmed of his activities before offer - whether service of medical report sufficient to disclose basis of defendants' case at trial - where adverse view of plaintiff's credibility is formed after offer is rejected - where defendants rely on uncontentious and well known legal principles at trial after offer is rejected - whether appropriate that matter be heard in Supreme Court Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), r 20.26, r 42.15, r 42.34 Cases Cited: Borg v Ramsay Health Care trading as North Shore Private Hospital Pty Limited [2014] NSWSC 37 Hood Constructions Pty Limited v Nicholas (1987) 9 NSWLR 60 Category: Costs Parties: Peter Borg (Plaintiff) Ramsay Health Care t/as North Shore Private Hospital (First Defendant) Dr Mark Donnelley (Second Defendant) Representation: Counsel: M Campbell (Plaintiff) M Fordham SC (Defendants) Solicitors: Brydens Lawyers (Plaintiff) HWL Ebsworth Lawyers (First Defendant) Avant Law Pty Ltd (Second Defendant) File Number(s): 2009/332608; 2011/411575 Publication restriction: Nil