NSW Caselaw
Reported Decision : 340
New South Wales District Court
CITATION: Photi v Target Australia Pty Ltd (No. 3) [2008] NSWDC 14
HEARING DATE(S): 15/02/2008
JUDGMENT DATE: 22 February 2008
JURISDICTION: Civil
JUDGMENT OF: Gibson DCJ
DECISION: (1) The defendant is to pay the plaintiff's costs for the hearing on 25-27 June and subsequent directions dates 9 August, 24 August, 18 September, 4 October, 9 November, 23 November, 11 December 2007 and 15 February 2008 on an indemnity basis; (2) Exhibits retained for 28 days.
CATCHWORDS: Tort - costs - application for indemnity costs when trial adjourned due to late amendment - s.48A Defamation Act 1974 (NSW)
Civil Procedure Act 2005 (NSW), ss.60 and 98 LEGISLATION CITED: Defamation Act 1974 (NSW), ss.7A, 13 and 48A Defamation Act 2005(NSW) Supreme Court Rules 1970 (NSW), Part 52A r.33
Beoco Ltd v Alfa Laval Co Ltd [1995] QB 137 Brisbane South Regional Health Authority v Taylor (1996) 139 ALR 1 Jones v Sutton (No. 2) [2005] NSWCA 203 CASES CITED: National Auto Glass Supplies (Australia)Pty Ltd (No 9) [2007] FCA 1826 Photi v Target Australia Pty Ltd [2007] NSWDC 265 Photi v Target Australia Pty Ltd (No. 2) [2007] NSWDC 302 Sims v Wran [1984] 1 NSWLR 317 West & Anor v Nationwide News Pty Ltd [2003] NSWSC 767
PARTIES: Plaintiff: Julia Photi Defendant: Target Australia Pty Ltd
FILE NUMBER(S): 3364 of 2006
COUNSEL: Plaintiff: L Evans Defendant: M Barko
SOLICITORS: Plaintiff: Stephen Spinak Solicitor Defendant: McCabe Terrill
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