De Costi Seafoods (Franchises) Pty Limited and Anor v Wachtenheim and Anor (No 5) [2015] NSWDC 8 (10 February 2015). Time for Monkeys Enterprises Pty Ltd v Southern Cross Austereo Pty Ltd [2015] NSWDC 13 (19 February 2015).
In the matter of Niruzzi Pty Limited [2012] NSWSC 773 (14 June 2012) Brereton J examined the difficulty of making a lump sum costs order where by consent the creditorís statutory demand was set aside with the only remaining issue being costs.
Williamson v State of New South Wales [2010] NSWSC 229
(published in Lexis Nexis, Australian Civil Liability, 2010, Vol 6 no 10)
In Williamson v State of New South Wales [2010] NSWCA 229 the New South Wales Supreme Court provided clarification of when the costs capping provisions in the Legal Profession Act 2004 (NSW) do not apply in a situation where damages recovered by the plaintiff are less than $100,000. This article considers the decision and examines the interaction between Division 9 of the Legal Profession Act 2004 and Part 2 of the Civil Liability Act, and explores the findings of the Court of Appeal.
Read More »Exceptions to personal injury costs cap clarified
Can you object to the costs of in-house corporate or government solicitors on the basis of the indemnity principle and reduce the hourly rates to the solicitorís actual salary or by reference to a scale.
Costing: Costs cap goes local
published in adapted format in Law Society Journal, October 2007, Volume 45, page 30)
This article analyses when and in what circumstances the recovery of costs is restricted in claims brought in the Local Court of NSW.
Also published in adapted format in Law Society Journal, April 2007, Volume 45, page 22
The consequences of rejecting a defendant’s offer of compromise have taken a fresh turn. The Uniform Civil Procedure Rules 2005 were amended with effect from 8 December 2006. The Uniform Civil Procedure Rules (Amendment No.11) 2006 have introduced a range of amendments including a significant new provision: Rule 42.15A.