RTA v Fletcher

[2001] NSWCA 98

CITATION:	RTA v Fletcher & ANOR [2001] NSWCA 98
FILE NUMBER(S):	CA 40039/99; 40059/99
HEARING DATE(S):	07/08/00
JUDGMENT DATE:	11 April 2001
PARTIES :	RTA v Fletcher & ANOR Leighton Contractors Pty Limited v Fletcher & ANOR
JUDGMENT OF:	Priestley JA at 1; Meagher JA at 2; Handley JA at 5

LOWER COURT JURISDICTION :	District Court
LOWER COURT FILE NUMBER(S) :	7397/97
LOWER COURT JUDICIAL OFFICER :	Bolan DCJ

COUNSEL:	Appellant: M W Robinson 1st Respondent: R C Tonner SC 2nd Respondent: R S McIlwaine SC
SOLICITORS:	Appellant: Crown Solicitor 1st Respondent: Phillips Fox Solicitors 2nd Respondent: Morton & Harris Solicitors
CATCHWORDS:	Judgment on costs
DECISION:	Costs of the appeal to be paid by both appellants in equal amounts.; No award of indemnity costs.

THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40039/99

CA 40059/99

PRIESTLEY JA

MEAGHER JA

HANDLEY JA

RTA v FLETCHER & ANOR

LEIGHTON CONTRACTORS PTY LIMITED v FLETCHER & ANOR

JUDGMENT ON COSTS

1   PRIESTLEY JA: I agree with Meagher JA.

2   MEAGHER JA: In these matters Mr Fletcher succeeded in the appeals brought against him by RTA & Leighton Contractors Pty Limited. I can see no reason why both defendants should not pay his costs. Each appellant should contribute equally in this regard.

3   I can see no basis for an award of indemnity costs.

4   In my view the Court should so order.

5   HANDLEY JA: I agree with Meagher JA.

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