Brighten v Traino (No 2) [2019] NSWCA 203

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Brighten v Traino (No 2) [2019] NSWCA 203 Hearing dates: On the papers Decision date: 16 August 2019 Before: Basten JA; Gleeson JA; Brereton JA Decision: (1) Vary the orders made on 8 July 2019 by revoking order (2)(d), with the intention that order (3) made in the District Court on 30 July 2018 will continue to operate.

(2) Otherwise dismiss the applicants' notice of motion filed 18 July 2019.

(3) Order that the first and second respondents (the applicants on the motion) pay the appellant's costs of the motion. Catchwords: COSTS – reinstatement of costs order at trial – offer of compromise in relation to appeal – early 'walk away' offer – no evidence of costs incurred – whether genuine compromise – whether appeal doomed to fail – offerors' position not explained – Uniform Civil Procedure Rules 2005 (NSW), r 20.26 Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 20.26 Cases Cited: Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No 2) [2009] NSWCA 12 Leach v Nominal Defendant (QBE Insurance (Australia) Ltd) (No 2) [2014] NSWCA 391 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Category: Costs Parties: Erin Brighten (Appellant) Pasquali John Traino (First Respondent) Sting Bar Pty Ltd (Second Respondent) Brett William Richardson (Third Respondent) Representation: Counsel: S E McCarthy (Appellant)

Solicitors: Norwest Lawyers (Appellant) Wotton & Kearney Lawyers (First and Second Respondents) Macedone Legal (Third Respondent) File Number(s): 2018/193822 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Date of Decision: 30 May 2018 Before: Gibb DCJ File Number(s): 2016/334657