Metro North Hospital and Health Service v Pierce (No. 2) [2018] NSWCA 112

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Metro North Hospital and Health Service v Pierce (No. 2) [2018] NSWCA 112 Hearing dates: On the papers Decision date: 25 May 2018 Before: Macfarlan JA [1]; Payne JA at [1]; White JA [1] Decision: (1) Order that order (3) made on 14 February 2018 be set aside. (2) Order that the appellant pay the respondent's costs of the appeal and cross-appeal (including the respondent's costs of the notice of motion filed on 29 March 2018) on the ordinary basis up to and including 20 March 2017, and thereafter on the indemnity basis. Catchwords: COSTS – application for indemnity costs – where offer of compromise concerned appeal and cross-appeal – no question of principle Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 36.15(2), 36.16, 42.14, 51.47, 51.48 Cases Cited: Metro North Hospital and Health Service v Pierce [2018] NSWCA 11 Category: Costs Parties: Metro North Hospital and Health Service (Appellant) Emily Pierce (Respondent) Representation: Counsel: n/a

Solicitors: Corrs Chambers Westgarth (Appellant) Edwards Michael Powell Lawyers (Respondent) File Number(s): 2016/357828

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]