Gray v Hobson (No 2) [2018] NSWCA 131

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gray v Hobson (No 2) [2018] NSWCA 131 Hearing dates: On the papers Decision date: 18 June 2018 Before: Basten JA; Macfarlan JA; Simpson AJA Decision: (1) In lieu of order (5) made on 1 March 2018:

(a) Order that Mr Hobson pay Dr Gray's costs of the trial up to and including 1 November 2016 on the ordinary basis. (b) Order that Mr Hobson pay Dr Gray's costs of the trial from 2 November 2016 on the indemnity basis. (c) Otherwise dismiss Dr Gray's notice of motion filed 15 March 2018.

(2) Dismiss Mr Hobson's notice of motion filed 15 March 2018 with costs. Catchwords: APPEAL – costs of appeal – offer of compromise at trial – offer not renewed

APPEAL – costs of appeal – appellant successful on particular issues – judgment below set aside – whether costs to be apportioned by issue

COSTS – interest on costs – application to vary default position under statute – whether adequate reasons for ordering interest

COSTS – offer of compromise – offer prior to trial – whether period offer open for acceptance was "reasonable in the circumstances" Legislation Cited: Civil Procedure Act 2005 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 36.16, 42.14 Cases Cited: Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2008] NSWCA 85 Leda v Weerden (No 3) [2006] NSWSC 220 McKeith v Royal Bank of Scotland Group PLC (No 2) [2016] NSWCA 260 Port Kembla Coal Terminal Ltd v Construction, Forestry, Mining and Energy Union (NSW Branch) (No 2) (2014) 88 NSWLR 471; [2014] NSWIC 3 Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 South West Helicopters Pty Ltd v Stephenson (No 2) [2018] NSWCA 99 Category: Costs Parties: Dr Randolph Gray (Appellant) Brendan Hobson (Respondent) Representation: Counsel: S Woods (Appellant) R de Meyrick (Respondent)