Mid-City Skin Cancer and Laser Centre v Zahedi-Anarak & Ors [2006] NSWSC 684

New South Wales Supreme Court

CITATION : Mid-City Skin Cancer and Laser Centre v Zahedi-Anarak & Ors [2006] NSWSC 684 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 30 June 2006

JUDGMENT DATE : 30 June 2006

JURISDICTION : Equity

JUDGMENT OF : McDougall J at 1

EX TEMPORE JUDGMENT DATE : 06/30/2006

DECISION : See para [45] of judgment

CATCHWORDS : PRACTICE - application for specific performance of alleged settlement agreement - whether offer of a sum "plus costs as agreed or assessed" is an offer of compromise "exclusive of costs" pursuant to UCPR rule 20.26(2) - where no express provision regarding time for acceptance - whether time for acceptance extended pursuant to UCPR rule 20.26(7)(b) - COSTS - where plaintiff's case fails - whether application unreasonable - whether costs should be awarded on an indemnity basis - no question of principle

LEGISLATION CITED : Trade Practices Act Uniform Civil Procedure Rules 2005

The Mid-City Skin Cancer and Laser Centre Pty Ltd (Plaintiff) Dr Ali Zahedi-Anarak (First Defendant) PARTIES : Idameneo (No 123) Pty Ltd (Second Defendant) L W Kernot Pty Ltd (Third Defendant) Laurence William Kernot (Fourth Defendant)

FILE NUMBER(S) : SC 3433/06

R D Marshall (Plaintiff) COUNSEL : J Downing (First Defendant) G Lucarelli (Second Defendant) A J Tibbey (Third and Fourth Defendants)

Kelvin Solari (Plaintiff) SOLICITORS : Yeldham Lloyd Associates (First Defendant) Kennedys (Second Defendant) Hancock Alldis & Roskov (Third and Fourth Defendants)