NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Alan Pearson v Jamaica Blue Pty Ltd [2020] NSWSC 121 Hearing dates: 5 February 2020 Date of orders: 05 February 2020 Decision date: 05 February 2020 Jurisdiction: Common Law Before: Wright J Decision: (1) The judgment of the Local Court on 7 June 2019 is varied under s 41(1)(a) of the Local Court Act 2007 (NSW) so that there is judgment in favour of Jamaica Blue Pty Ltd against Mr Pearson in the sum of $34,553.90 (2) Jamaica Blue Pty Ltd is to pay half of Mr Pearson's costs of the appeal as agreed or assessed. Catchwords: COSTS – both parties seeking costs – the event was mixed with both parties partially successful – not unreasonable for plaintiff to commence appeal – defendant made offer of compromise – not unreasonable for plaintiff not to accept offer of compromise – defendant to pay half the plaintiff's costs Legislation Cited: Civil Procedure Act 2005 (NSW) Local Court Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Avopiling Pty Ltd v Bosevski (2018) 98 NSWLR 171; [2018] NSWCA 146 Doppstadt Australia Pty Ltd (No 2) [2014] NSWCA 219 Hunter v Roberts (No 2) [2019] NSWCA 235 Pearson v Jamaica Blue Pty Ltd [2019] NSWSC 1737 Category: Costs Parties: Alan Pearson (Plaintiff) Jamaica Blue Pty Ltd (Defendant) Representation: Counsel: M Kalyk (Plaintiff) D Birch (Defendant)
Solicitors: Paladin Law (Plaintiff) Malcolm Murray & Associates (Defendant) File Number(s): 2019/205804
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