Hage-Fairbrother v West (No 2) [2016] NSWDC 366

District Court New South Wales

Medium Neutral Citation: Hage-Fairbrother v West (No 2) [2016] NSWDC 366 Hearing dates: 7 December 2016 Date of orders: 09 December 2016 Decision date: 09 December 2016 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) The defendants to pay the plaintiff's costs up to and including 12 September 2016. (2) The plaintiff to pay the defendants' costs from and including 13 September 2016 up to and including the date of judgment of 29 November 2016 on the indemnity basis, and on the ordinary basis thereafter. (3) Application for stay refused. Catchwords: COSTS – offer of compromise PRACTICE AND PROCEDURE – stay of judgment – maximum costs Legislation Cited: Legal Profession Uniform Law Application Act 2014, Schedule 1, cl, 2, cl 4, cl 5 Uniform Civil Procedure Rules 2005, r 42.15, r 42.35 Cases Cited: AWA Ltd v Daniels t/as Deloitte Hoskins & Sells (unreported, NSWSC, Rogers CJ Comm D, 8 October 1992) Barakat and others v Bazdarova [2012] NSWCA 140 EDPI Pty Ltd v Rapdocs Pty Ltd [2007] NSWSC 195 Hillier v Sheather (1995) 36 NSWLR 414 Marsland v Andjelic (No 2) (1993) 32 NSWLR 649 Morgan v Johnson (1998) 44 NSWLR 578 Category: Costs Parties: Dael Hage-Fairbrother (plaintiff) David James West (first defendant) Kathryn Leanne West (second defendant) Representation: Counsel: Mr S Brennan (plaintiff) Mr B Wilson (defendants)