NRMA Insurance for the Nominal Defendant v Al-Bayati (No 2) [2019] NSWCA 14

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: NRMA Insurance for the Nominal Defendant v Al-Bayati (No 2) [2019] NSWCA 14 Hearing dates: On the papers Decision date: 15 February 2019 Before: Macfarlan JA; Barrett AJA Decision: Notice of motion filed on 28 November 2018 dismissed with costs. Catchwords: COSTS – application for leave to appeal dismissed with costs – offer of compromise and Calderbank letter – indemnity costs – discretion to "otherwise order" – element of compromise – all or nothing case – where offer is invitation to surrender – COSTS – exercise of general discretion – offer of compromise and Calderbank letter – indemnity costs – appeal proceedings – reliance on offer made in first instance proceedings. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Commonwealth of Australia v Gretton [2008] NSWCA 117 County Securities Pty Limited v Challenger Group Holdings Pty Limited (No 2) [2008] NSWCA 273 Evans Shire Council v Richardson (No 2) [2006] NSWCA 61 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Robb Evans of Robb Evans & Associates v European Bank Ltd (No 2) [2009] NSWCA 170 Category: Costs Parties: Shahed Al-Bayati (Applicant on the motion) NRMA Insurance for the Nominal Defendant (Respondent on the motion) Representation: Counsel: Mr N Husani, Solicitor (Applicant on the motion) Mr J Mancuso, Solicitor (Respondent on the motion)

Solicitors: Solicitors: Thomas Booler Lawyers (Applicant on the motion) Hall & Wilcox (Respondent on the motion) File Number(s): CA 2018/222259 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Date of Decision: 21 June 2018 Before: Strathdee DCJ File Number(s): DC 2017/116637