NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Jurisich v Ralston (No 2) [2016] NSWDC 197 Hearing dates: 15 June 2016 Date of orders: 15 June 2016 Decision date: 15 June 2016 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: Defendants pay the plaintiff's costs of the proceedings, those costs to be assessed on an indemnity basis on and from 1 July 2014. Catchwords: COSTS – offer of compromise – small but genuine compromise – arguable defence – amendment of claim during acceptance period – offer not accepted – discretion – indemnity costs from later date Legislation Cited: Uniform Civil Procedure Rules 2005, Pt 42, r 20.26, 42.14 Cases Cited: Caine v Lumley General Insurance Ltd (No 2) [2008] NSWCA 109 Connor v Hatgis (No 2) [1995] NSWCA 92 Elite Protective Personnel Pty Ltd and Anor v Salmon [2007] NSWCA 322 Jurisich v Ralston [2016] NSWDC 82 Maitland Hospital v Fisher (No 2) (1992) 27 NSWLR 721 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Robb Evans of Robb Evans & Associates v European Bank Ltd (No 2) [2009] NSWCA 170 Category: Costs Parties: Helen Jurisich (plaintiff) John Malbon Ralston and 8 others trading as 'Pigott Stinson' (defendants) Representation: Counsel: Mr M Sealey (plaintiff)
Solicitors: TressCox Lawyers (plaintiff) Yeldham Price O'Brien Lusk (defendants) File Number(s): 2014/82132 Publication restriction: None
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