Officeworks Ltd v Christopher (No 2) [2019] NSWCA 131

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Officeworks Ltd v Christopher (No 2) [2019] NSWCA 131 Hearing dates: On the papers Decision date: 06 June 2019 Before: Meagher JA; Gleeson JA; Leeming JA Decision: 1. In lieu of the judgment of the District Court entered on 19 October 2018, which was set aside by this Court's order of 6 May 2019, enter judgment in favour of the plaintiff in the sum of $7,517.25.

2. Set aside the order of the District Court as to costs made on 19 October 2018, and in lieu thereof: (a) order the defendant to pay the plaintiff's costs up to and including 23 June 2016, and (b) order the plaintiff to pay the defendant's costs on an indemnity basis after 23 June 2016.

3. Order the respondent to pay the appellant's costs of the appeal.

4. The respondent be granted a certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: COSTS – offer of compromise – defendant's offer better than that obtained by plaintiff – special costs order made Legislation Cited: Suitors' Fund Act 1951 (NSW) Uniform Civil Procedure Rules 2005, rr 20.26, 42.13A, 42.15 Cases Cited: Officeworks Ltd v Christopher [2019] NSWCA 96 Category: Costs Parties: Christina Christopher (Appellant) Officeworks Ltd (Respondent) Representation: Counsel: G Watson SC and I Griscti (Appellant) K Andrews (Respondent)

Solicitors: Gilchrist Connell (Appellant) Slater & Gordon (Respondent) File Number(s): 2018/347254 Publication restriction: None Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: None Date of Decision: 19 October 2018 Before: Maiden DCJ File Number(s): 2015/223966