Hobson v Northern Sydney Local Health District [2017] NSWSC 704

Supreme Court New South Wales

Medium Neutral Citation: Hobson v Northern Sydney Local Health District [2017] NSWSC 704 Hearing dates: 1 June 2017 Date of orders: 05 June 2017 Decision date: 05 June 2017 Jurisdiction: Common Law Before: Harrison J Decision: Application for indemnity costs dismissed Catchwords: COSTS – indemnity costs – where offer of compromise directed to all defendants jointly rather than to each defendant individually – where plaintiff recovered a judgment no less favourable than the terms of the offer – where defendants in differing interests and where no defendant had authority to bind any other defendant – whether offer of compromise invalid – whether it was reasonable for the defendants not to accept the offer Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Hobson v Northern Sydney Local Health District [2017] NSWSC 589 Vieira v O'Shea (No 2) [2012] NSWCA 121 Category: Costs Parties: Brendan Hobson (Plaintiff) Northern Sydney Local Health District (First Defendant) Dr Randolph Gray (Second Defendant) Dr Jim Lagopoulos (Third Defendant) Dr Christopher Sparks (Fourth Defendant) Representation: Counsel: P Menzies QC with R de Meyrick (Plaintiff) M K Scott (First Defendant) S A Woods with T Hackett (Second Defendant) M J Walsh SC (Third Defendant) K Burke (Fourth Defendant)

Solicitors: T D Kelly & Co (Plaintiff) Henry Davis York (First Defendant) Norton Rose Fulbright (Second Defendant) Meridian Lawyers (Third Defendant) Avant Law Pty Ltd (Fourth Defendant) File Number(s): 2013/00080267 Publication restriction: Nil