NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Patterson & Anor v Mamou t/as De Novo Conveyancing (No.2) [2024] NSWDC 75 Hearing dates: On the papers Date of orders: 18 March 2024 Decision date: 18 March 2024 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraphs [22]-[23] Catchwords: COSTS – consideration of unsuccessful defendant's monetary offers for settlement – successful plaintiffs obtain award for damages exceeding amount monetary offers – whether Court can look beyond a bare comparison of defendant's monetary offer and ultimate award for damages when considering whether or not plaintiffs obtained a judgment 'no more favourable' than what the defendant offered Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) ss 56-60 and 98 Uniform Civil Procedure Rules 2005 rr 20.26, 42.1, 42.14 – 42.15A and 42.35 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Patterson & Anor v Mamou t/as De Novo Conveyancing [2024] NSWDC 47 Texts Cited: Nil Category: Costs Parties: Mr Gary Patterson (First Plaintiff) Ms Rachael McGregor (Second Plaintiff) Ms Nadiah Mamou trading as De Novo Conveyancing (Defendant) Representation: Counsel: T Kent (First and Second Plaintiff) T Catanzariti (Defendant)
Solicitors: Mark Mulock & Co (First and Second Plaintiff) Maccallum Lawyers and Conveyancers (Defendant) File Number(s): 2021/00314383 Publication restriction: Nil
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