South Western Sydney Local Health District v Gould (No 2) [2018] NSWCA 160

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: South Western Sydney Local Health District v Gould (No 2) [2018] NSWCA 160 Hearing dates: On the papers Decision date: 24 July 2018 Before: Basten JA; Meagher JA; Leeming JA Decision: 1. The plaintiff is to pay the defendant's costs in District Court proceeding 2014/00091004 on an ordinary basis until 25 May 2015, and thereafter on an indemnity basis.

2. The appellant's costs of the appeal payable pursuant to order 3 made on 13 April 2018 include the costs of this motion. Catchwords: COSTS – whether offer of compromise warranted special order as to costs – whether gross sum costs order appropriate Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), rr 1.11, 1.12, 20.26, 36.16, 42.15 Cases Cited: Botany Bay City Council v Latham (No 2) [2013] NSWCA 450 Calderbank v Calderbank [1975] 3 WLR 586 Colquhoun v District Court of New South Wales (No 2) [2015] NSWCA 54 South Western Sydney Local Health District v Gould [2018] NSWCA 69 Taheri v Vitek (No 2) [2014] NSWCA 344 Category: Costs Parties: South Western Sydney Local Health District (Appellant) Robert Gould by his tutor Peter Gould (Respondent) Representation: Counsel: Raphael Perla (Appellant)

Solicitors: Curwoods Lawyers (Appellant) Schreuder Partners (Respondent) File Number(s): 2017/125757 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: [2017] NSWDC 67 Date of Decision: 30 March 2017 Before: Levy SC DCJ File Number(s): 2014/91004