Dowedeit v Nominal Defendant (No 2) [2015] NSWDC 406

District Court New South Wales

Medium Neutral Citation: Dowedeit v Nominal Defendant (No 2) [2015] NSWDC 406 Hearing dates: 26 August 2015 Date of orders: 26 August 2015 Decision date: 26 August 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Refuse the plaintiff's application and confirm order (2) made on 5 August 2015. (2) Grant a stay on the following conditions: (a) That within 28 days the defendant pay the judgment sum including any post-judgment interest to the plaintiff's solicitor on the plaintiff's solicitor's undertaking: (i) To hold all but $50,000 of that sum in an interest bearing deposit until disposal of an appeal filed by 5pm on 5 November 2015, or if no appeal is filed by that date, until 5pm on 5 November 2015. (ii) To forthwith repay that sum deposited including any interest to the defendant's solicitor in the event that the Court of Appeal gives judgment for the defendant. (b) Any appeal by the defendant be prosecuted with all reasonable expedition. (3) The costs of the applications of today be the costs of the proceedings. Catchwords: COSTS – application for indemnity costs – offer of compromise STAY – on conditions Legislation Cited: District Court Act 1973, s 128, s 156 Uniform Civil Procedure Rules 2005, r 20.26, r 20.30, r 42.13A, r 42.14 Cases Cited: Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685 County Securities Pty Limited v Challenger Group Holdings Pty Limited (No 2) [2008] NSWCA 273 Dowedeit v Nominal Defendant [2015] NSWDC 182 Elite Protective Personnel Pty Ltd and Anor v Salmon [2007] NSWCA 322 Category: Procedural and other rulings Parties: Ronald Dowedeit (plaintiff) Nominal Defendant (defendant) Representation: Counsel: Mr D C Morgan (plaintiff) Mr J Turnbull (defendant)