NSW Caselaw
New South Wales Supreme Court
CITATION : Bastas v Hodes (No 3) [2009] NSWSC 1191
HEARING DATE(S) : 28 October 2009 JUDGMENT OF : Gzell J
EX TEMPORE JUDGMENT DATE : 28 October 2009
DECISION : Indemnity costs ordered. No order for interest on costs.
CATCHWORDS : PROCEDURE - Costs - offer not accepted and judgment more favourable to defendant - whether exceptional circumstances shown to avoid indemnity costs under the Uniform Civil Procedure Rules 2005 Pt 42 r 42.15A - whether interest on costs under the Civil Procedure Act 2005, s 101(4) is limited to payment under orders for costs or extends to payments made by a party to his solicitors
Uniform Civil Procedure Rules 2005 LEGISLATION CITED : Fair Trading Act 1987 Civil Procedure Act 2005
CATEGORY : Procedural and other rulings
Morgan v Johnson (1998) 44 NSWLR 578 Macquarie Radio Network Pty Ltd v Arthur Dent (No 2) [2007] NSWCA 339 CASES CITED : South Eastern Sydney Area Health Service & Anor v King [2006] NSWCA 2 Caine v Lumley General Insurance Ltd (No 2) [2008] NSWCA 109 Cat Media Pty Ltd v Allianz Australia Insurance Ltd [2006] NSWSC 790 Lahoud v Lahoud [2006] NSWSC 126
Elias Bastas (First Plaintiff) PARTIES : David Millard Lawson (Second Plaintiff) David Rooney (Third Plaintiff) John Edward Hodes (Defendant)
FILE NUMBER(S) : SC 3346/07
COUNSEL : J Stephenson (Plaintiffs) A McInerney (Defendant)
SOLICITORS : JGP Lawyers (Plaintiffs) HWL Ebsworth Lawyers (Defendant)
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