Howard Smith & Patrick Travel Pty Ltd v Comcare (No 2) [2014] NSWCA 252

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Howard Smith & Patrick Travel Pty Ltd v Comcare (No 2) [2014] NSWCA 252 Hearing dates: On the papers Decision date: 31 July 2014 Before: Beazley P at [1]; Basten JA at [2]; Sackville AJA at [13] Decision: Vary order (2) made on 3 July 2014 so that it now reads: (2) Order the appellant to pay the respondent's costs of the appeal, to be assessed - (a) up to and including 3 October 2013, on the ordinary basis, and (b) thereafter, 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: PRACTICE AND PROCEDURE - costs - offer of compromise - appellant ordered to pay respondent's costs on the ordinary basis - application to vary order - rules required costs to be assessed on indemnity basis from the date of rejected offer of compromise - whether valid offer of compromise - whether any reason rule should not apply - Uniform Civil Procedure Rules 2005 (NSW), rr 42.14, 51.47 Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 42.14, 51.47 Cases Cited: Howard Smith & Patrick Travel Pty Ltd v Comcare [2014] NSWCA 215 Category: Costs Parties: Howard Smith & Patrick Travel Pty Ltd (Appellant) Comcare (Respondent) Representation: Counsel: Mr G J Parker SC (Appellant) Mr J Sheller/Mr O Jones (Respondent) Solicitors: HWL Ebswoth (Appellant) Australian Government Solicitor (Respondent) File Number(s): 2013/209537 Decision under appeal Jurisdiction: 9115 Citation: Comcare v Howard Smith & Patrick Travel P/L [2013] NSWDDT 6 Date of Decision: 2013-06-21 00:00:00 Before: Finnane DCJ File Number(s): DDT 65 of 2011