Sherry v Australasian Conference Association (trading as Sydney Adventist Hospital) & 3 Ors [2006] NSWSC 1242

Sherry v Australasian Conference Association (trading as Sydney Adventist Hospital) & 3 Ors [2006] NSWSC 1242

The plaintiff was entitled to indemnity costs from 24 April 2004 as the offer of compromise was more favourable to the defendants than the final judgment; no exceptional circumstances displaced the entitlement. The successful third defendant was entitled to costs only to the extent they were incurred exclusively for his defence. No grounds were made out for a Bullock order. Plaintiff was entitled to interest on costs already paid. Damages to be apportioned among the plaintiff and her three children according to the proposed report and with the agreement of the interested parties.

Jurisdiction
Australia
Judgment Date
22 November 2006
Procedural Posture
Civil (professional Negligence / Compensation to Relatives) / Supplementary Judgment After Trial and Determination of Liability and Quantum
Outcome
Costs to be assessed on an indemnity basis from 24 April 2004 against the first, second, and fourth defendants; plaintiff to pay the costs of the third defendant (limited to exclusive costs); plaintiff entitled to interest on costs; award of damages to be apportioned among plaintiff and her three adult children as...
Legal Topics
['indemnity Costs' 'offer of Compromise' 'apportionment of Damages' 'interest on Costs' 'professional Negligence' 'compensation to Relatives']
['civil Procedure' 'tort Law'] ['indemnity Costs' 'offer of Compromise' 'apportionment of Damages' 'interest on Costs' 'professional Negligence' 'compensation to Relatives']

Case Brief

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Procedural Posture

Civil (professional Negligence / Compensation to Relatives) / Supplementary Judgment After Trial and Determination of Liability and Quantum

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to indemnity costs from the date of an unaccepted offer of compromise.' 'Whether the plaintiff should pay the costs of the successful third defendant.' 'Whether interest is payable on costs already paid by the plaintiff.' 'How the damages awarded should be apportioned among the plaintiff and her three adult children.']

Ratio Decidendi

The plaintiff was entitled to indemnity costs from 24 April 2004 as the offer of compromise was more favourable to the defendants than the final judgment; no exceptional circumstances displaced the entitlement. The successful third defendant was entitled to costs only to the extent they were incurred exclusively for his defence. No grounds were made out for a Bullock order. Plaintiff was entitled to interest on costs already paid. Damages to be apportioned among the plaintiff and her three children according to the proposed report and with the agreement of the interested parties.

Court Disposition

Costs to be assessed on an indemnity basis from 24 April 2004 against the first, second, and fourth defendants; plaintiff to pay the costs of the third defendant (limited to exclusive costs); plaintiff entitled to interest on costs; award of damages to be apportioned among plaintiff and her three adult children as...

Orders

  • ['Plaintiff entitled to indemnity costs from 24 April 2004 against first, second, and fourth defendants.' 'Plaintiff to pay third defendant’s costs limited to those exclusively referable to him.' 'Plaintiff entitled to interest on costs already paid, to be assessed by dates of payment.' 'Award of damages to be...