NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Perpetual Trustees Victoria Limited v Suncorp-Metway Limited [2010] NSWLEC 12
APPLICANT Perpetual Trustees Victoria Limited PARTIES : FIRST RESPONDENT Suncorp-Metway Limited SECOND RESPONDENT Amer El-Nachar
FILE NUMBER(S) : 30263 of 2009
CORAM: Pain J
KEY ISSUES: COSTS :- whether applicant successful in application under Encroachment of Buildings Act 1922 - relationship between Uniform Civil Procedure Rules and Encroachment of Buildings Act on issue of costs - whether offers of settlement relevant to award of costs - whether to award indemnity costs
Civil Procedure Act 2005 s 98 LEGISLATION CITED: Encroachment of Buildings Act 1922 s 14, 15 Uniform Civil Procedure Rules 2005 r 42.1
Hofer v Howell Developments Pty Ltd [No 2] [2001] NSWLEC 42 CASES CITED: Perpetual Trustees Victoria Ltd v Suncorp-Metway Ltd & Anor [2009] NSWLEC 1326 Perpetual Trustees Victoria Ltd v Suncorp Metway Ltd and Amer El Nachar (No 2) [2009] NSWLEC 1416 Rosniak v Government Insurance Office (1997) 41 NSWLR 608
DATES OF HEARING: 2 February 2010
EX TEMPORE JUDGMENT DATE : 2 February 2010
APPLICANT Mr S Berveling SOLICITORS LEGAL REPRESENTATIVES: Hicksons FIRST RESPONDENT Mr P James (Solicitor) SOLICITORS James Legal Pty Ltd
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