NSW Caselaw
New South Wales Supreme Court
CITATION : Al Mousawy bht Khamis v JA Byatt Pty Limited and Others [2008] NSWSC 264
HEARING DATE(S) : 17/03/2008
JUDGMENT DATE : 31 March 2008
JUDGMENT OF : Hoeben J
DECISION : Stonewall is to pay the costs of the plaintiffs, of Byatt and of Presdate lost or thrown away as a result of the vacation of the mediation on 18 October 2007, such costs to be as agreed or assessed. Stonewall is to pay the costs of this application.
CATCHWORDS : Application for costs - vacation of mediation date - application of s 30(4) Civil Procedure Act 2005 - whether facsimile advising intention to cancel mediation admissible.
LEGISLATION CITED : Civil Procedure Act 2005
CATEGORY : Procedural and other rulings
CASES CITED : Gain & Anor v Commonwealth Bank of Australia & Anor (1997) 42 NSWLR 252
Thakee Khdeyer Al Mousawy by his tutor Ghassan Khamis - Plaintiff JA Byatt Pty Limited - Third Defendant PARTIES : Stonewall Hotel Pty Ltd - Fourth Defendant Presdate Pty Ltd - Fifth Defendant
FILE NUMBER(S) : SC 20244/2004
Mr G Wilson - Plaintiff COUNSEL : Mr R Cheney - Third Defendant Mr M Windsor - Fourth Defendant Mr F Doak - Fifth Defendant
Keddies Litigation Lawyers - Plaintiff SOLICITORS : Kennedys - Third Defendant Ferguson Bolton Lawyers - Fourth Defendant Guild Legal Limited - Fifth Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HOEBEN J
Monday, 31 March 2008
20244/2004 – Thakee Khadeyer AL MOUSAWY v HOWITT-STEVENS CONSTRUCTIONS PTY LIMITED & Ors
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