NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Zandata Pty Ltd v Riley [2013] NSWSC 49 Hearing dates: 29/06/2012 Decision date: 19 February 2013 Jurisdiction: Common Law Before: Garling J Decision: (1) Notice of Motion dated 3 April 2012 dismissed; (2) Defendants to pay the plaintiff's costs of the proceedings, including the Notice of Motion. (3) Plaintiff to file and serve by 4pm on 12 March 2013, all further affidavits, if any, that it wishes to rely upon. (4) Defendants to file and serve by 4pm on 26 March 2013, any affidavits, if any, upon which they wish to rely. (5) Stand proceedings over to 5 April 2013 at 9.30am before me for directions. Catchwords: COSTS - general rule costs follow the event - the effect of Rule 42.34 of the Uniform Civil Procedure Rules - Terms of Settlement and Offers of Compromise - reasonable pre-litigation settlement offers - whether proceedings commenced unreasonably - whether all particulars were necessary - methodology of assessment of loss and damage. LEGAL PRACTITIONERS - admission of breach of duty and negligent conduct Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Beach Petroleum NL v Johnson (No.2) (1975) 57 FCR 119 Hadid v Lenfest Communications Inc [2000] FCA 628 Harrison v Schipp [2002] NSWCA 213; (2002) 54 NSWLR 738 Julien v Secretary, Department of Employment and Workplace Relations (No.2) (2009) FCA 1257 Kiwi Munchies Pty Ltd v Stern [2006] NSWSC 433 Siteberg Pty Ltd v Bruce Maples & Ors [2010] NSWSC 307 Sony Entertainment (Australia) Ltd v Smith [2005] FCA 228; (2005) 215 ALR 788 Sparnon v Apand Pty Ltd (Federal Court of Australia, 4 March 1998, unreported) We are Here Pty Ltd v Zandata Pty Ltd [2010] NSWSC 262 Wentworth v Wentworth [1996] NSWCA 552 Category: Procedural and other rulings Parties: Zandata Pty Ltd (P) Matthew John Riley (1D) David Marshall Riley (2D) Representation: H Bevan (P) M C Dicker (1D and 2D) Darryl Quigley Partners (P) Gilchrist Connell (1D and 2D) File Number(s): 2011/319882
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