Benchmark
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Insurance

Thursday, 4 December 2014

Executive Summary (One Minute Read)
Norfeld Pty Ltd v Amanda Lee Jones trading as Watermark Patent and Trademark Attorneys (NSWCA) - solicitors' fees - appellant ordered to pay sum to solicitor - leave to appeal refused
Greenacre Business Park Pty Ltd v Deliver Australia Pty Ltd (NSWSC) - costs -defence and cross-claim raised on false basis - director of defendant personally liable for plaintiffs' costs
Carolan v Fairfax Media Publications Pty Ltd (NSWSC) - pleadings - defamation - ambiguity - rulings on objections to imputations
Summaries With Link (Five Minute Read)
Norfeld Pty Ltd v Amanda Lee Jones trading as Watermark Patent and Trademark Attorneys [2014] NSWCA 408
Court of Appeal of New South Wales
Ward JA & Sackville AJA
Solicitors' fees - Magistrate ordered appellant to pay solicitor $75 000 for outstanding legal fees - primary judge dismissed appeal - appellant sought leave to appeal on grounds of denial of procedural fairness - held: leave to appeal from judgment where quantum in dispute less than $100,000 and small amount in dispute usually refused where no question of principal - no question of general principal or public importance - amount in issue relatively small - primary judge's conclusion there was no denial of procedural fairness not attended by sufficient doubt to warrant grant of appeal - interests of justice did not support grant of leave to appeal - leave to appeal refused.
Norfeld Pty Ltd
Greenacre Business Park Pty Ltd v Deliver Australia Pty Ltd [2014] NSWSC 164
Supreme Court of New South Wales
White J
Costs - plaintiffs sought non-party costs order against director of defendant company in liquidation on indemnity basis and in specified gross sum- basis for application was that director was responsible for defendant's raising defence and cross claim based on matters director knew were untrue - held: Court satisfied defence and cross-claim propounded on basis director knew to be false - order should be made that director personally be liable for plaintiffs' costs on indemnity basis - plaintiff entitled to a specified gross sum instead of assessed costs - qualification that director should not personally be liable for costs plaintiffs would, in any event, have had to incur to obtain judgment.
Greenacre Business Park Pty Ltd
Carolan v Fairfax Media Publications Pty Ltd [2014] NSWSC 1628
Supreme Court of New South Wales
McCallum J
Pleadings - defamation - action arising out of publication of articles in newspaper - defendant objected to imputations pleaded by plaintiff - defendant contended one imputation capable of being understood in two different ways and that another was not reasonably capable of being conveyed by the matter complained of - ambiguity - held: original imputation had potential ambiguity - ambiguity could be cured by amending imputation - Court persuaded imputation reasonably capable of being conveyed - rulings given.
Carolan