NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Colak v Ghalloub (No. 2) [2017] NSWDC 351 Hearing dates: 4 December 2017 Date of orders: 12 December 2017 Decision date: 12 December 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The plaintiff is to pay the defendant's costs on the ordinary basis up until 25 January 2017 and thereafter on an indemnity basis. Catchwords: COSTS – plaintiff fails on liability in personal injury proceedings, with an alternative finding for damages of a nominal nature - application for indemnity costs on the basis of six offers in the year prior to the hearing – indemnity costs order made – alternative finding that if the plaintiff had been successful on liability but not quantum, no order for costs in the plaintiff's favour should be made by reason of UCPR Pt 42 r 35 Legislation Cited: Civil Procedure Act 2005 (NSW), ss 60 and 98 Motor Accidents Compensation Act 1999 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.15A and 42.35 Cases Cited: Beaumont v Greathead (1846) 2 CB 494 at 499 Colak v Ghalloub [2017] NSWDC 128 State of New South Wales v Stevens (2012) 82 NSWLR 106 Category: Costs Parties: Plaintiff: Ali Colak Defendant: Ghalloub Ghalloub Representation: Counsel: Plaintiff: Mr J Turnbull SC Defendant: Mr A J J Renshaw
Solicitors: Plaintiff: AJB Stevens Lawyers Defendant: Sparke Helmore Lawyers File Number(s): 2015/302011 Publication restriction: None
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