NSW Caselaw
Appeal Outcome: Special leave refused with costs by the High Court - 3 August 2007
New South Wales Court of Appeal
CITATION: Thomas William Vale v Timothy David Eggins (No 2) [2007] NSWCA 12
JUDGMENT DATE: 15 February 2007
JUDGMENT OF: Beazley JA at 1; McColl JA at 26; Bryson JA at 27
DECISION: The respondent to pay the appellant's costs at trial and on the appeal.
CATCHWORDS: COSTS – offer of compromise made in accordance with Pt 19A of the District Court Rules– consequences of refusal to accept offer of compromise – result to offeree less favourable than terms of offer – exceptional case and the avoidance of substantial injustice – failure to serve expert reports prior to offer being made - relevant to decision whether to accept offer – significant change in case after offer made
Civil Liability Act 2002 (NSW) s 50 District Court Rules 1973 (NSW) Pt 19A Pt 19A r 2 LEGISLATION CITED: Pt 39A r 25(6) 25(8) Supreme Court Rules 1970 (NSW) Pt 22 Pt 52A r 22 Uniform Civil Procedure Act 2005 (NSW)
Baresic v Slingshot Holdings Pty Limited & Anor (No 2) [2005] NSWCA 160 Connor v Hatgis (No 2) (Court of Appeal 7 December 1995 unreported) CASES CITED: Fowdh v Fowdh (Court of Appeal 4 November 1993 unreported) South Eastern Sydney Area Health Service v King [2006] NSWCA 2 South Sydney Council v Morris (No 3) [2001] NSWCA 200
PARTIES: Thomas William Vale (Appellant) Timothy David Eggins (Respondent)
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