NSW Caselaw
New South Wales Supreme Court
CITATION : Nguyen v Nguyen [2010] NSWSC 894
HEARING DATE(S) : 12 July 2010
JUDGMENT DATE : 13 July 2010
JURISDICTION : Equity Division
JUDGMENT OF : Rein J
Held that the settlement was not subject to agreement as to the amount payable to the mortgagee. DECISION : Held that the defendant is entitled to have a settlement deed prepared and executed in the form proposed by her. Plaintiff to pay the defendant's costs of the Notice of Motion of the defendant and the costs of the defendant in resisting the plaintiff's Notice of Motion, as agreed or assessed.
CATCHWORDS : PROCEDURE - Supreme Court procedure - New South Wales - procedure under Uniform Civil Procedure Rules and other rules of court - miscellaneous proceedings and matters - where proceedings earlier settled in principle, but now dispute as to terms of settlement agreement - whether defendant entitled to indemnity costs where defendant made settlement offer by letter to plaintiff - whether costs recoverable by defendant should be limited
LEGISLATION CITED : Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW)
CATEGORY : Principal judgment
PARTIES : Quoc Tuan Nguyen (plaintiff) Thi Thanh Hong Nguyen (defendant)
FILE NUMBER(S) : SC 2009/289203
COUNSEL : A Luong (solicitor) (plaintiff) P Strasser (defendant)
SOLICITORS : A Luong & Associate Lawyers (plaintiff) Grech Partners Solicitors (defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
Rein J
Date of Hearing: 12 July 2010 Date of Judgment: 13 July 2010
2009/289203 Quoc Tuan Nguyen v Thi Thanh Hong Nguyen
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