NSW Caselaw
New South Wales Supreme Court
CITATION : ALVES v PATEL [2005] NSWSC 841
HEARING DATE(S) : 5 March 2004
JUDGMENT DATE : 24 August 2005
JURISDICTION : COMMON LAW
JUDGMENT OF : Adams J
DECISION : The defendant is to pay the plaintiff's costs of action as agreed or assessed. From 1 July 2000, those costs are to be assessed on an indemnity basis. The plaintiff is to pay the defendant's costs, if any, thrown away by late service of medical reports listed in annexure AE of the affidavit Keely Louise Graham sworn 13 February 2001
CATCHWORDS : COSTS - whether indemnity or conventional - principles - reasonableness of defendant's non-acceptance - outstanding particulars as at offer - significance of late provisions of discoverable documents - significance of complexity of issues - notice of compromise requiring acceptance without allowance for significant vacation rule - whether valid notice - extent by which judgment exceeded offer.
Morgan v Johnson (1998) 44 NSWLR 578 Houatchanthara v Bednarczyk (Court of Appeal, 14 October 1996 unreported Nobrega v The Trustee of the Roman Catholic Church Sanko Steamship Co Limited v Sumitomo Australia Limited Fed No 22/96 (unreportedf) CBA Investments Ltd v Northern Star Ltd (No2) 2002 NSWCA 146 CASES CITED : SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 John S Hayes & Associates v Kimberley-Clarke Australia Pty Ltd (1994) 52 FLR201 MGICA (1992) Pty Ltd v Kenny & Good Pty Ltd (1996) 70 FLR 235 Delaney v Short (2001) NSWCA 181 CBA Investments Ltd v Northern Star Ltd (2002) NSWCA 146
Manuel Barata ALVES- Plaintiff Manuel Barata Alves - Plaintiff PARTIES : Praeful Patel - Defendant
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