Capogreco v Rogerson [2016] NSWCA 61

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Capogreco v Rogerson [2016] NSWCA 61 Hearing dates: 23 March 2016 Decision date: 23 March 2016 Before: Basten JA at [1]; Simpson JA at [18] Decision: (1) Dismiss the application for leave to appeal.

(2) The applicants to pay the first respondent's costs. Catchwords: APPEAL – application for leave to appeal – costs – challenge to apportionment of costs – partial success at trial – whether costs should be apportioned as to causes of action where issues intertwined – whether apportionment to be based on pre-trial costs of preparation of evidence – whether costs assessor could allocate costs after the event

COSTS – Calderbank letter – whether offer of fixed costs a genuine offer of compromise Category: Principal judgment Parties: Antonio Capogreco (First Applicant) Rosa Capogreco (Second Applicant) Anna Pirrello (Third Applicant) Joseph Mark Pirrello (Fourth Applicant) Graeme Rogerson (First Respondent) Bruce McHugh (Second Respondent) Representation: Counsel: Mr MR Pesman SC/Mr A Di Francesco (Applicants) Mr RS Angyal SC (First Respondent)

Solicitors: Wood Marshall Williams Pty Ltd (Applicants) Macquarie Legal Practice (First Respondent) Equilaw Solicitors (Second Respondent) File Number(s): CA 2015/341848 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Division Date of Decision: 23 October 2015 Before: Bergin CJ in Eq File Number(s): 2013/369921