Sherry v Australasian Conference Association (trading as Sydney Adventist Hospital) & 3 Ors

Sherry sued four defendants, including the Australasian Conference Association trading as Sydney Adventist Hospital, for damages under the Compensation to Relatives Act 1897. Sherry claimed damages for the death of his wife, who passed away while receiving treatment at one of the defendants' hospitals. The case was heard in the Supreme Court of New South Wales. Sherry was successful against three out of the four defendants. The primary legal issues the court needed to decide were whether the costs of Sherry's claim should be assessed on an indemnity basis, the entitlement to costs if Sherry made an offer of compromise that was not accepted by the defendants, and whether there were any exceptional circumstances that would affect the assessment of costs. Additionally, the court had to determine whether the third defendant was entitled to an award of costs and whether the plaintiff was entitled to interest on the costs already paid.

The court found that Sherry was entitled to indemnity costs unless an alternative order was made, as the judgment on his claim was no less favourable than his offer of compromise. The court found no exceptional circumstances that would affect the assessment of costs. The third defendant was entitled to an award of costs as it had successfully defended the claim against it. The court dismissed the application for a Bullock order, which would have allowed the third defendant to seek an order for indemnity costs against the other defendants. The court also found that Sherry was entitled to interest on the costs he had already paid.

The court ordered that the defendants pay Sherry's costs on an indemnity basis, except for the costs incurred in relation to the unsuccessful claim against the fourth defendant. The court further ordered that the third defendant pay the costs of Sherry's claim against it and that the plaintiff be entitled to interest on the costs already paid. The court did not make any order for costs between the defendants.