Raad v VM & KTP Holdings Pty Ltd as Trustee for VM & KTP Nguyen Family Trust (No. 2)

[2016] NSWSC 1233

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Costs
2. › personal injuries claim
3. › occupiers liability
4. › judgment for less than $100,000
5. › UCPR 42.34
6. › proceedings commenced in District Court
7. › transferred to Supreme Court
8. › transfer not opposed by Defendant
9. › transfer reasonable on then state of medical evidence
10. › joint reports of expert doctors received subsequently
11. › reports unfavourable to plaintiff
12. › whether reasonable to continue proceedings in Supreme Court
13. › hearing date fixed
14. › continuation in Supreme Court reasonable
1. Costs
2. › offer of compromise and Calderbank offer by Defendant
3. › offer not accepted
4. › plaintiff recovered less than offer
5. › form of offer of compromise
6. › whether invalid for non-compliance with Rules - UCPR r 20.26 - whether offer included costs
7. › whether reasonable for plaintiff to reject offer
8. › whether reasonable period given for acceptance of offer
9. › whether offer was a genuine compromise
10. › plaintiff ordered to pay defendant’s costs on indemnity basis from day following offer
1. Costs
2. › judgment for less than $100,000
3. › s 338 Legal Profession Act 2004
4. › effect of judgment on plaintiff’s costs
1. Legal Practitioners
2. › solicitors
3. › solicitor’s lien over judgment obtained