[1999] NSWCA 469

Middleton v Parramatta City Council

Appellant pay respondent's costs of the appeal.

Catchwords

Costs

[1]
THE COURT: This appeal was dismissed on 8 December 1999.
[2]
The usual order would be that costs follow the event. The appellant opposes that course.
[3]
Shortly stated, he advanced two reasons. One is that leave to appeal was granted and the other is that he had offered to settle the appeal on the basis that a verdict be entered for the respondent but each party pay his or its own costs. The appellant did not offer to pay the respondent’s costs up to that time.
[4]
It is regrettable that more costs have been thrown away in making these submissions, which are without merit.
[5]
The appellant must pay the respondent’s costs of the appeal.