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
3 BASTEN JA: On 26 February 2007 the Court handed down judgment on…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
Continue reading Spedding v Nobles (No 2)
Sign in free to access the full text
Details
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.