NSW Caselaw
New South Wales Court of Appeal
CITATION: Suresh v Jacon Industries Pty Ltd (No. 2) [2005] NSWCA 270
HEARING DATE(S): 22/06/05
JUDGMENT DATE: 17 August 2005
JUDGMENT OF: Mason P at 1; Santow JA at 2; Basten JA at 3
DECISION: Vary orders (2)(b) and (4) as set out in the judgment handed down on 22 June 2005 so that they now read; (2)(b) order that the costs of the proceedings in the District Court be in the discretion of the judge to whom the matter is remitted; (4) order that the Respondent pay the Appellant's costs of the appeal, including the costs of this further application to vary the orders, and to have a certificate under the Suitors Fund Act 1951 (NSW) if qualified
CATCHWORDS: Costs - offer of compromise made under Part 39A r25 (6) of the District Court Rules - whether offer applies to costs of appeal - payments made under s151B of the Workers Compensation Act 1987 - possibility that such payments may exceed ultimate award at new trial in the District Court - whether sufficient reason to depart from normal rule of costs follow the event of the appeal
Workers Compensation Act 1987 Federal Proceedings (Costs) Act 1981 (Cth) LEGISLATION CITED: Supreme Court Act 1970 (NSW) Suitors Fund Act 1951 (NSW)
Kumada Suresh v Jacon Industries Pty Ltd [2005] NSWCA 202 Ettingshausen v Australian Consolidated Press Ltd (1995) 38 NSWLR 404 South Sydney Council v Morris (No. 3) [2001] NSWCA 200 Moore v Woodforth (No. 2) [2003] NSWCA 46 Baresic v Slingshot Holdings Pty Ltd (No. 2) [2005] NSWCA 160 Singh v Harika (No. 2) [2005] NSWCA 212 CASES CITED: Maitland Hospital v Fisher (No. 2) (1992) 27 NSWLR 721 Whitehouse Properties Pty Ltd v Boond Brewing (NSW) Ltd (1992) 28 NSWLR 17 Woollahra Municipal Council v Juric (No. 2) [2004] NSWCA 102 Skinner & Edwards (Builders) Pty Ltd v Australian Telecommunications Corporation (1982) 27 NSWLR 567 Newcastle City Council v McShane (No. 2) [2005] NSWCA 250 Berrico Estate Pty Ltd v Andersen [2003] NSWCA 23 AMC Caterers Pty Ltd v Stavropoulos [2005] NSWCA 79
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