Middleton v Parramatta City Council

[1999] NSWCA 469

CITATION:	Middleton v Parramatta City Council [1999] NSWCA 469
FILE NUMBER(S):	CA 40373/98
HEARING DATE(S):	Written submissions
JUDGMENT DATE:	17 December 1999
PARTIES :	Jack Middleton (Appellant) v Parramatta City Council (Respondent)
JUDGMENT OF:	Priestley JA at 1; Stein JA at 1; Fitzgerald JA at 1

LOWER COURT JURISDICTION:	District Court
LOWER COURT FILE NUMBER(S) :	3388/94
LOWER COURT JUDICIAL OFFICER:	Twigg DCJ

COUNSEL:	A: Mr J L Sharpe R: Mr M McCulloch
SOLICITORS:	A: Steve Masselos & Co R: Phillips Fox
CATCHWORDS:	Costs
DECISION:	Appellant pay respondent's costs of the appeal.

THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

CA 40373/98
DC 3388/94

PRIESTLEY JA
STEIN JA
FITZGERALD JA

FRIDAY 17 DECEMBER 1999

Jack MIDDLETON v PARRAMATTA CITY COUNCIL (No.2)

JUDGMENT ON COSTS

1   THE COURT: This appeal was dismissed on 8 December 1999. 2   The usual order would be that costs follow the event. The appellant opposes that course. 3   Shortly stated, he advanced two reasons. One is that leave to appeal was granted and the other is that he had offered to settle the appeal on the basis that a verdict be entered for the respondent but each party pay his or its own costs. The appellant did not offer to pay the respondent’s costs up to that time. 4   It is regrettable that more costs have been thrown away in making these submissions, which are without merit. 5   The appellant must pay the respondent’s costs of the appeal.

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