NSW Caselaw
New South Wales Supreme Court
CITATION : Kiwi Munchies P/L v Thai Airways International [2004] NSWSC 89 HEARING DATE(S) : 19 February 2004 JUDGMENT DATE : 27 February 2004 JURISDICTION: Common Law JUDGMENT OF : Master Harrison DECISION : (1) The appeal is dismissed; (2) The determination of costs assessor Ms Wendy Strathdee dated 20 June 2003 is affirmed; (3) The plaintiff's amended summons filed 21 October 2003 is dismissed; (4) The plaintiff is to pay the defendant's costs costs on a party/party basis up until 31 July 2003 and then on an indemnity basis from 1 August 2003.
CATCHWORDS : Appeal from decision of costs assessor - fee agreement - waiver Civil Aviation (Carriers Liability) Act 1959 (Cth) LEGISLATION CITED : Legal Profession Act 1987 (NSW) - ss 207 & 208L Legal Profession Regulation 2002 - Reg 61 Local Court (Civil Claims) Rules 1998 - Part 1 OA r 3(1)(a) CASES CITED : Freeman v McNally & Anor [2003] NSWSC 780 James Hardie and Co v Yeomans [2000] NSWSC 539 Kiwi Munchies Pty Ltd (Plaintiff) PARTIES : Thai Airways International Public Limited (Defendant) FILE NUMBER(S) : SC 11929/2003 Mr A Radojev (Plaintif) COUNSEL : Mr J Sharpe (Defendant) KM Legal (Plaintiff) SOLICITORS : Ebsworth & Ebsworth (Defendant)
LOWER COURT Costs Assessor JURISDICTION : LOWER COURT N/A FILE NUMBER(S) : LOWER COURT Ms Wendy Strathdee JUDICIAL OFFICER :
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