Dailhou v Kelly; State of NSW v Kelly (No 3) [2014] NSWSC 1220

Supreme Court New South Wales

Medium Neutral Citation: Dailhou v Kelly; State of NSW v Kelly (No 3) [2014] NSWSC 1220 Hearing dates: 2 September 2014 Decision date: 03 September 2014 Jurisdiction: Common Law Before: Adamson J Decision: Proceedings 2010/158994 (1)Order the plaintiff to pay the defendants' costs on the ordinary basis up to and including 29 November 2013 and on an indemnity basis thereafter. Proceedings 2011/233293 (2)Order the plaintiff to pay the defendants' costs on the ordinary basis up to and including 3 September 2013 and on an indemnity basis thereafter. Catchwords: COSTS - offer of compromise containing an offer that costs be agreed or assessed valid in accordance with newly amended Rule 20.26(3)(b) of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) - offer which provided for a judgment for the plaintiff not ambiguous as s 151Z of the Workers Compensation Act 1987 (NSW) operates of its own force - offer of compromise in recovery proceedings that provided for payment upon the later to occur of specified events consistent with Rule 20.26(8) of the UCPR - offer that provided for time of payment by reference to receipt of authority to receive that was "satisfactory to the defendants" consistent with rules Legislation Cited: Legal Profession Act 2004 (NSW), s 368 Uniform Civil Procedure Rules 2005 (NSW), r 20.26, r 42.15A Workers Compensation Act 1987 (NSW), s 151Z Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Dailhou v Kelly; State of NSW v Kelly (No 2) [2014] NSWSC 1207 Old v McInnes and Hodgkinson [2011] NSWCA 410 Whitney v Dream Developments Pty Ltd [2013] NSWCA 188; 84 NSWLR 311 Category: Costs Parties: Proceedings 2010/158994 Peter Michael Dailhou (Plaintiff) Maurice Kelly (First Defendant) Topmill Pty Limited (Second Defendant)