NSW Caselaw
New South Wales District Court
CITATION: Wakaniuci v Adecco Australia Pty Limited; re Abboud [2008] NSWDC 174
HEARING DATE(S): 24 July 2008
JUDGMENT DATE: 25 July 2008
EX TEMPORE JUDGMENT DATE : 25 July 2008
JURISDICTION: District Court Civil Jurisdiction
JUDGMENT OF: Johnstone DCJ at 1
DECISION: Application dismissed. Applicant to pay the defendant's costs.
CATCHWORDS: COSTS - a non-party solicitor failed to comply with a subpoena to produce his file - the defendant incurred costs by reason of serious neglect, incompetence and misconduct on the part of the solicitor - costs orders against the solicitor not set aside
Civil Procedure Act 2005: s 99 LEGISLATION CITED: Uniform Civil Procedure Rules (UCPR) Legal Profession Act 2004
Blake v Norris (unreported, NSWSC, 3 July 1997) Carson v Legal Services Commissioner [2000[ NSWCA 308 Erhard v Bhatia [2002] NSWCA 388 at [43] Ideal Waterproofing Pty Ltd v Buildcorp Australian Pty Ltd [2006] NSWSC 155 Karwala v Skrzypczak re Estate of Ratajczak [2007] NSWSC 931 CASES CITED: Marsh v Joseph (1897) 1 Ch 213 Myers v Elman [1940] AC 282 at 318 - 319 RDCW Diamonds Pty Ltd v Da Gloria [2007] NSWSC 1325 Ridehalgh v Horsfield [1994] Ch 205 White Industries (Queensland) Pty Ltd v Flower & Hart (a firm) (1998) 156 ALR 169 Whyked Pty Ltd v Yahoo!7 Pty Ltd [2008] NSWSC 477
PARTIES: Michael Abboud (Applicant) Adecco Australia (Defendant)
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