Kiwi Munchies Pty Limited v Stern & Ors [2006] NSWSC 432

New South Wales Supreme Court

CITATION : Kiwi Munchies Pty Limited v Stern & Ors [2006] NSWSC 432

HEARING DATE(S) : 20 April 2006

JUDGMENT DATE : 20 April 2006

JURISDICTION : Civil

JUDGMENT OF : McClellan CJatCL

DECISION : Application for adjournment refused

CATCHWORDS : APPLICATION FOR AN ADJOURNMENT - appeal from decision of costs assessor - small sum in issue - admission of fresh evidence on redetermination - adjournment sought to obtain correspondence

LEGISLATION CITED : Legal Profession Act 1987

Kiwi Munchies (1P) Sophia Paras (2P) PARTIES : Terence Stern (1D) John Bartos (2D) Clifford Boyd-Boland (3D) Panalpina World Transport Pty Ltd (4D)

FILE NUMBER(S) : SC 13495/04

S Paras (plt in person) Terence Stern (1D - submitting appearance) COUNSEL : John Bartos (2D - submitting appearance) Clifford Boyd-Boland (3D - submitting appearance) M G McHugh (4D)

SOLICITORS : Plaintiff in person Ebsworth & Ebsworth (4D)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

McCLELLAN CJ at CL

THURSDAY 20 APRIL 2006

013495/2004 KIWI MUNCHIES PTY LIMITED v STERN & ORS

JUDGMENT

1 HIS HONOUR: This matter comes before me today by way of an appeal from the decision of a costs assessor made in relation to the costs of litigation, which was commenced in the Local Court. The initial claim was for an amount in the order of $10,000. Apparently the matter was fixed for arbitration in the Local Court but on the day on which it was fixed, agreement was reached that it should not proceed. As part of that agreement the plaintiff in these proceedings agreed to pay "the costs thrown away of the defendant." The words "that is the costs of today and the preparation thereof" were added or were included in the written document which evidenced the agreement.