NSW Caselaw
Industrial Court of New South Wales
CITATION: Deng v Lieu (No 2) [2009] NSWIRComm 85
APPELLANT: Margaret Jia Sha Deng
FIRST RESPONDENT: Paul Lieu PARTIES: SECOND RESPONDENT: Landmark Enterprises (Aust) Pty Ltd
THIRD RESPONDENT: Dengs Investments Pty Ltd
FILE NUMBER(S): IRC 535 of 2007
CORAM: Boland J President; Walton J Vice-President; Backman J
COSTS – Appeal – Unfair contract – Costs at first instance and appeal – Calderbank offers – Offers of compromise – Successful appellant made offers at first instance – Whether unreasonable for respondents to reject offers – Party/party costs – Reasonable time to consider offer – Appellant awarded indemnity costs from the date of an unreasonable rejection of genuine offer – Appellant and first respondent shareholders in third respondent company – Third respondent awarded party/party costs. CATCHWORDS: APPEAL – Costs – Unfair contract – Costs at first instance and appeal – Calderbank offers – Offers of compromise – Successful appellant made offers at first instance – Whether unreasonable for respondents to reject offers – Party/party costs – Reasonable time to consider offer – Appellant awarded indemnity costs from the date of an unreasonable rejection of genuine offer – Appellant and first respondent shareholders in third respondent company – Third respondent awarded party/party costs.
LEGISLATION CITED: Industrial Relations Act 1996 Civil Procedure Act 2005
Boyd and Anor v Maxx Implementation Pty Limited and Ors (No 3) [2008] NSWIRComm 200 County Securities Pty Limited v Challenger Group Holdings Pty Limited (No 2) [2008] NSWCA 273 Deng v Lieu & Ors [2009] NSWIRComm 5 Elite Protective Personnel Pty Ltd v Salmon [2007] NSWCA 322 Lahoud v Lahoud [2006] NSWSC 126 CASES CITED: Leichhardt Municipal Council v Green [2004] NSWCA 341 Lieu & Anor v Deng v Anor (No 5) [2008] NSWIRComm 67 McKerlie v New South Wales (No 2) [2000] NSWSC 1159 Ng v Chong [2005] NSWSC 385 West & Anor v The Owners Strata Plan No 54288 (No 2) [2009] NSWIRComm 61 Wheelahan v North Coast Area Health Service (No 2) [2008] NSWIRComm 244
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