NSW Caselaw
New South Wales Court of Appeal
CITATION: Sedrak v Starr [2010] NSWCA 228
HEARING DATE(S): 23/08/10, 26/08/10, 27/08/10 JUDGMENT OF: McColl JA at 1
EX TEMPORE JUDGMENT DATE: 27 August 2010
DECISION: 1.Notice of motion filed on 16 August 2010 dismissed. 2. Appellant to pay the respondent's costs of and relating to the notice of motion on an indemnity basis.
CATCHWORDS: PROCEDURE – civil – interlocutory issues – case management – preparation for appeal hearing – preparation, filing and service of Black and Blue Books – no issue of principle - COSTS – indemnity costs – where appellant's conduct of proceedings has caused unreasonable delay and expense – where respondent filed notices of motion to ensure compliance with rules as to preparation of appeal – where no explanation for failure to comply with rules
LEGISLATION CITED: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005
CATEGORY: Procedural and other rulings
PARTIES: Maged Sedrak - Applicant Gavin Mark Starr - Respondent
FILE NUMBER(S): CA 2009/298578
COUNSEL: B Hogkinson SC - applicant on the motion
SOLICITORS: Woods & Day Solicitors - applicant on the motion JN Legal Solicitors - respondent on the motion
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 5407/08
LOWER COURT JUDICIAL OFFICER: Gzell J
LOWER COURT DATE OF DECISION: 18/9/09
LOWER COURT MEDIUM NEUTRAL CITATION: [2009] NSWSC 996
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 2009/298578
McCOLL JA
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