Spedding v Nobles (No 2)

Case [2007] NSWCA 87



New South Wales


Court of Appeal


CITATION: SPEDDING v NOBLES; SPEDDING v McNALLY [NO. 2] [2007] NSWCA 87
HEARING DATE(S): 8 February 2007
 
JUDGMENT DATE: 

16 April 2007
JUDGMENT OF: Beazley JA at 1; McColl JA at 2; Basten JA at 3
DECISION: (1) In matter No. 40503 of 2006, Spedding v McNally, replace the orders made on 26 February 2007 with the following; (a) grant leave to appeal; (b) dismiss the appeal; (c) order the Appellant to pay the Respondent’s costs of the proceedings in this Court, to be assessed on an indemnity basis from 24 August 2006; (2) In relation to matter No. 40501 of 2006, Spedding v Nobles, replace the orders made on 26 February 2007 with the following; (a) dismiss the appeal; (b) order the Appellant to pay the Respondent’s costs of the proceedings in this Court, to be assessed on an indemnity basis from 26 August 2006; (3) Each party is to bear its own costs of the present applications.
CATCHWORDS: COSTS – indemnity costs – offers of compromise – whether indemnity costs should be awarded - COSTS – interests on costs – whether the Supreme Court had power to award interests on costs under the Civil Procedure Act 2005 (NSW), ss 100 and 101
LEGISLATION CITED: Civil Procedure Act 2005 (NSW), ss 98, 100, 101
Federal Court of Australia Act 1976 (Cth), ss 43, 51A
Legal Profession Act 2004 (NSW), ss 309, 321, 363A, 365, Part 3.2, Div 5
Supreme Court Act 1970 (NSW), ss 76, 95, 101
CASES CITED: Commonwealth v Chessell (1991) 30 FCR 154 (FCAFC)
Commonwealth v SCI Operations Pty Ltd (1998) 192 CLR 285
Flower & Hart (a firm) v White Industries (Qld) Pty Ltd (2001) 109 FCR 280
Hungerfords v Walker (1990) 171 CLR 125
Nykcredit Mortgage Bank plc v Edward Erdman Group Ltd (No. 2) [1997] 1 WLR 1627
Spedding v Nobles; Spedding v McNally [2007] NSWCA 29
White Industries (Qld) Pty Ltd v Flower & Hart (2000) 103 FCR 559
Woods v Woods [2001] NSWSC 1108
PARTIES: Douglas Spedding - Appellant (40501/06 and 40503/06)
Nicole Yvonne Nobles - Respondent (40501/06)
Belinda McNally - Respondent (40503/06)
FILE NUMBER(S): CA 40501/06; 40503/06
COUNSEL: A.M. Colefax SC/P. Newton - Appellant
C.T. Barry QC/E. Chrysostomou - Nobles
P.A. Beale/S.C. Sloane - McNally
SOLICITORS: Colin Biggers & Paisley - Appellant
Pitcher Walton & Co - Nobles
Stuart J McDonald & Associates - McNally
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 10455/01; DC 10456/01
LOWER COURT JUDICIAL OFFICER: Neilson DCJ
LOWER COURT DATE OF DECISION: 19 July 2006
LOWER COURT MEDIUM NEUTRAL CITATION: McNally v Spedding; Nobles v Spedding [2006] NSWDC 113




                          CA 40501/06
                          CA 40503/06
                          DC 10456/01
                          DC 10455/01

                          BEAZLEY JA
                          McCOLL JA
                          BASTEN JA

                          16 April 2007
SPEDDING v NOBLES; SPEDDING v McNALLY [NO. 2]
Judgment

1 BEAZLEY JA: I agree with Basten JA.

2 McCOLL JA: I agree with Basten JA.

3 BASTEN JA: On 26 February 2007 the Court handed down judgment on…

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AGLC
Spedding v Nobles (No 2) [2007] NSWCA 87
Case
[2007] NSWCA 87
Decision Date

CaseChat Overview and Summary

In *Spedding v Nobles (No 2)*, the New South Wales Court of Appeal considered appeals concerning the award of indemnity costs and interest on costs. The proceedings involved disputes between the appellant, Spedding, and the respondents, McNally and Nobles.

The primary legal issues before the Court of Appeal were whether indemnity costs should be awarded against the appellant and whether the Supreme Court possessed the power to award interest on costs under sections 100 and 101 of the *Civil Procedure Act 2005* (NSW).

The Court of Appeal ultimately dismissed the appeals. In relation to the costs of the proceedings in the Court of Appeal, the Court ordered the appellant to pay the respondents' costs on an indemnity basis, with specific dates from which these costs were to be assessed. The Court also made orders regarding the costs of the present applications, stipulating that each party was to bear its own costs.

Orders

Orders of the court

(1) In matter No. 40503 of 2006, Spedding v McNally, replace the orders made on 26 February 2007 with the following; (a) grant leave to appeal; (b) dismiss the appeal; (c) order the Appellant to pay the Respondent's costs of the proceedings in this Court, to be assessed on an indemnity basis from 24 August 2006; (2) In relation to matter No. 40501 of 2006, Spedding v Nobles, replace the orders made on 26 February 2007 with the following; (a) dismiss the appeal; (b) order the Appellant to pay the Respondent's costs of the proceedings in this Court, to be assessed on an indemnity basis from 26 August 2006; (3) Each party is to bear its own costs of the present applications.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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