Papantoniou v Brown (No 2) [2015] NSWCA 220

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Papantoniou v Brown (No 2) [2015] NSWCA 220 Hearing dates: On the papers Decision date: 03 August 2015 Before: Beazley P, Macfarlan JA, Sackville AJA Decision: 1. On the taking of an account between the appellant (Ms Papantoniou) and the respondents (the Browns), an amount is payable by Ms Papantoniou to: (a) the Estate of the late James Brown in the sum of $58,832.80; (b) Mr Robert Brown in the sum of $59,353.49 2. Ms Papantoniou to pay the Estate of the late James Brown the sum of $58,832.80. 3. Ms Papantoniou to pay Robert Brown $757.18 noting that Ms Papantoniou has paid Mr Robert Brown $58,596.31 in reduction of the amount described at 1(b). 4. Ms Papantoniou to pay the Browns' costs of her motion to extend the time for filing a notice of appeal. 5. Set aside Order (4) made by Campbell J on 10 June 2014 in relation to the First Cross-Claim. 6. Set aside Order (4) made by Campbell J on 10 June 2014 in relation to the Third Cross-Claim. 7. In lieu of the Orders referred to in Orders 5 and 6 above, make the following order: The Browns pay Ms Papantoniou's costs of the First and Third Cross-Claims. 8. Set aside Order (5) made by Campbell J on 10 June 2014 in relation to the Second Cross-Claim. 9. In lieu of the Order referred to in Order 8 above, there be no order as to the costs of the Second Cross-Claim. 10. The Browns pay 75 per cent of Ms Papantoniou's costs of the appeal. 11. The Browns to have a certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: COSTS – offer of settlement – whether unreasonable to reject offer Legislation Cited: Suitors' Fund Act 1951 (NSW) Cases Cited: Papantoniou v Brown [2015] NSWCA 168 Category: Costs Parties: S Papantoniou by her tutor Christodoulos Papantoniou (Appellant) R Brown (First Respondent) R Brown as executor of the Estate of the late James Anthony Thomas Brown (Second Respondent) Representation: Counsel: B Katekar / Ms J Little (Appellant) MWE Maconachie (First and Second Respondents)