NSW Caselaw
New South Wales Supreme Court
CITATION : James Hardie v Stevenson [2000] NSWSC 1 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 11538/99 HEARING DATE(S) : 24 November 1999 JUDGMENT DATE : 8 February 2000
James Hardie & Co Pty Limited (Plaintiff) PARTIES : Geoffrey Rupert Stevenson (Defendant) JUDGMENT OF : Master Harrison
Mr TGR Parker (Plaintiff) COUNSEL : Mr P N O'Neill (Defendant) Ms Lynne Harman Allen Allen & Hemsley (Plaintiff) SOLICITORS : Ms Tanya Segelov Turner Freeman (Defendant) CATCHWORDS : Appeal costs assessor's decision LEGISLATION CITED : Legal Profession Act Gundry v Sainsbury (1910) 1 KB 645 at 649 Re Marsland and Marsland (1902) Queensland Reports 219 CASES CITED : Chapmans Ltd v Yandell [1999] NSWCA 361 Coulter v Regina (1988) 166 CLR 350 at 359 CDJ v VAJ [1998] HCA 67 Busuttil v Holder & Anor (NSWSC, unreported 9 August 1996) DECISION : See para 33
18
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
MASTER HARRISON
TUESDAY, 8 FEBRUARY 2000
11538/99 - JAMES HARDIE & CO PTY LIMITED v GEOFFREY RUPERT STEVENSON
JUDGMENT (Appeal costs assessor's decision)
1 MASTER: The plaintiff James Hardie & Co Pty Limited (JHC) by summons filed 29 June 1999 seeks firstly, an order for an extension of time for leave to appeal the determination of a costs assessor Philip W Hill dated 3 June 1999; secondly, that the determination in respect of the assessment of party/party costs in Dust Diseases Tribunal (DDT) proceedings be set aside and in lieu thereof an order that the determination be varied; or thirdly, that the determination be remitted to the costs assessor for redetermination. JHC relied on the affidavit of Lynne Maree Harman sworn 3 September 1999. The defendant relied on the affidavit of Thady Arnold Andrew Blundell sworn 24 September 1999. Two notices to produce addressed to the defendant dated 19 November 1999 and 23 November 1999 and a subpoena addressed to Turner Freeman were set aside (see separate judgment). 2 In relation to the first order sought, it appears that the appeal was lodged in time so an extension of time for leave to appeal is not required. 3 A short history of the events that gave rise to the costs assessment is as follows:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate