NSW Caselaw
New South Wales Supreme Court
CITATION : David & Anor v Abdishou & Ors [2007] NSWSC 890
HEARING DATE(S) : 23/07/07; 24/07/07; 25/07/07; 26/07/07; 27/07/07; 30/07/07; 02/08/07
JUDGMENT DATE : 16 August 2007
JURISDICTION : Common Law Division Defamation List
JUDGMENT OF : Hidden J at 1
DECISION : Plaintiffs to pay defendants' costs thrown away by adjournment and amendment - payable forthwith
CATCHWORDS : COSTS - Defamation - s7A trial adjourned - late amendment - whether plaintiffs should pay costs of proceedings to date - whether costs should be on indemnity basis - whether costs should be payable forthwith - whether proceedings should be stayed until costs payed
LEGISLATION CITED : Uniform Civil Procedure Rules
Beoco Ltd v Alfa Laval Co Ltd [1995] QB 137 Murrihy v Radio 2UE Sydney Pty Ltd [2000] NSWSC 318 Colgate Palmolive Co v Cussons Pty Ltd (1993) 118 ALR 248 CASES CITED : Oshlack v Richmond River Council (1998) 193 CLR 72 Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1 Koh v Murchison Metals Ltd [2007] NSWSC 765 Wentworth v Rogers [1999] NSWCCA 403
Fred David (1st plaintiff) Suzy David (2nd plaintiff) Youeil Abdishou (1st defendant) Eddy Simon David (2nd defendant) PARTIES : Joseph Saliba Dadisho (3rd defendant) Charles Kouchou (4th defendant) Fudor Manso (5th defendant) (sixth defendant never served) Henrick Isaac (7th defendant)
FILE NUMBER(S) : SC 2006/20117
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