NSW Caselaw
New South Wales Court of Appeal
CITATION : SMITH v YUSEN DALY SMITH INTERNATIONAL (In Liq) (No. 2) [2001] NSWCA 482 FILE NUMBER(S) : CA 40783/00 HEARING DATE(S) : 17 December 2001 JUDGMENT DATE : 17 December 2001
First Claimant: Richard Graham Kent Binet PARTIES : Second Claimant: Yusen Daly Smith International Pty Limited (In Liq) Opponent: Thomas Edwin Curtis Smith JUDGMENT OF : Spigelman CJ
LOWER COURT JURISDICTION : Supreme Court - Equity Division LOWER COURT 2400/97 FILE NUMBER(S) : LOWER COURT Hamilton J JUDICIAL OFFICER :
COUNSEL : Claimants: A Street SC Opponent (solicitor): R McLaughlin SOLICITORS : Claimants: Blake Dawson Waldron Opponent: McLaughlin & Riordan CATCHWORDS : COSTS - whether order as to costs in favour of respondent to appeal should be made - whether order for indemnity costs from date of offer of settlement should be made in relation to first instance proceedings - where offer had been made and rejected prior to judgment on costs in first instance proceedings. LEGISLATION CITED : Nil CASES CITED: Smith v Yusen Daly Smith International (In Liq) [2001] NSWCA 458 DECISION : Notice of Motion dismissed with costs.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 40783/00 ED 2400/97 SPIGELMAN CJ
Monday 17 December 2001
THOMAS EDWIN CURTIS SMITH v YUSEN DALY SMITH INTERNATIONAL PTY LIMITED (In Liq) & ANOR (No. 2)
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