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[32] The Offer of Compromise however had some 10 additional terms, examples of which are as follows: “2. The defendant’s motor vehicle third party insurer is authorised to deduct and/or pay from the judgment sum in paragraph 1 the amount of any advance payments or interim payments made for or on behalf of the plaintiff.…

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Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCA 100 In written submissions, the respondent relied squarely upon the judgment of this Court in Director of Public Prosecutions (NSW) v Roslyndale Shipping Pty Ltd. [1] The respondent referred in particular to the statement by Spigelman CJ that “[i]n its natural and ordinary meaning, the…

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COSTS – costs of an abortive mediation – where mediation was court ordered – where the plaintiffs did not attend the mediation – where the plaintiffs did not notify the defendants – costs awarded to the defendants

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Bechara trading as Bechara and Company v Bates [2016] NSWCA 294 On 27 May 2016 the Court dismissed Ms Bechara’s amended summons seeking leave to appeal from a judgment and orders of Adamson J made on 29 October 2015. Ms Bechara was not present at the hearing of the application. The respondent Mr Bates, a…

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  In place of order (5) made on 5 July 2016 (but not entered) the Court makes the following order: (5)   Order that the appellant’s solicitor – (a)   not charge his client with more than 50% of the costs and disbursements associated with preparing the Blue appeal books; (b)   to the extent that such costs or disbursements have already…

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