NSW Caselaw
Reported Decision : 65 NSWLR 151
New South Wales Court of Appeal
CITATION : Skalkos v T & S Recoveries Pty Ltd [2004] NSWCA 281 HEARING DATE(S) : 18/08/04 JUDGMENT DATE : 18 August 2004
JUDGMENT OF : Sheller JA at 20; Ipp JA at 1; Grove J at 21 DECISION : Application for extension of time dismissed with costs.
CATCHWORDS : PRACTICE AND PROCEDURE - Costs Assessment - Proportionality between amount of verdict and amount assessed for costs - Application for extension of time within which to apply for leave to appeal - Considerable delay - Argument on appeal not raised below - Where no reasonable prospect of having costs assessment reduced to any material extent. ND Legal Profession Act 1987 (NSW), ss 208G(f), 208L(1) LEGISLATION CITED : Supreme Court Act 1970 (NSW), s 101(2)(c) Supreme Court Rules 1970 (NSW), Pt 51 r 4(1) Gallagher v CSR Limited (unreported, Supreme Court of Western Australia, 31 March 1994) CASES CITED : Moore v Moore [2004] NSWSC 587 Szlazko v Travini [2004] NSWSC 610 PARTIES : Theodore Skalkos (Claimant) T & S Recoveries Pty Ltd (Opponent) FILE NUMBER(S) : CA 40202/04 COUNSEL : M D Broun QC/G Pesce (Claimant) B Spinks (Solicitor) (Opponent) SOLICITORS : Broun Abrahams (Claimant) Robinson Legal (Opponent)
LOWER COURT Supreme Court - Common Law Division JURISDICTION : LOWER COURT 13130/02 FILE NUMBER(S) : LOWER COURT Malpass M JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40202/04 CLD 13130/02
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