Fu Chen v Stephen Paul Firth trading as Firths, The Compensation Lawyers [2013] NSWSC 1873

Fu Chen v Stephen Paul Firth trading as Firths, The Compensation Lawyers [2013] NSWSC 1873

Firths failed to establish any evidentiary foundation for fraud or a sufficient change in circumstances since the offer was made to justify withdrawal under UCPR r 20.26(11). The offer was validly accepted by Fu Chen. Allegations amounted to mere suspicion without substantiation. Costs were awarded on an indemnity basis for the hearing due to unsubstantiated allegations.

Parties
Plaintiff/respondent: Fu Chen; Defendant/applicant: Stephen Paul Firth trading as Firths, The Compensation Lawyers
Jurisdiction
Australia
Judgment Date
17 December 2013
Procedural Posture
Notice of Motion and Claim for Declaration/monetary Judgment / Final Judgment After Hearing on Motions
Outcome
Application to withdraw offer of compromise dismissed; judgment for Fu Chen in the sum of $2,000; Firths to pay Fu Chen's costs of the motions on an indemnity basis limited to a hearing of not more than one day.
Legal Topics
Withdrawal of Offer of Compromise, Suspicion of Fraud, Costs, Indemnity Costs
Procedure Civil Litigation Withdrawal of Offer of Compromise Suspicion of Fraud Costs Indemnity Costs

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Parties

Fu Chen

Plaintiff/respondent

Stephen Paul Firth trading as Firths, The Compensation Lawyers

Defendant/applicant

Procedural Posture

Notice of Motion and Claim for Declaration/monetary Judgment / Final Judgment After Hearing on Motions

Legal Issues

  1. 1 Whether leave should be granted for the withdrawal of an offer of compromise under UCPR r 20.26(11)
  2. 2 Whether suspicion of fraud justifies withdrawal of an offer of compromise
  3. 3 Whether costs should be awarded on an indemnity basis

Ratio Decidendi

Firths failed to establish any evidentiary foundation for fraud or a sufficient change in circumstances since the offer was made to justify withdrawal under UCPR r 20.26(11). The offer was validly accepted by Fu Chen. Allegations amounted to mere suspicion without substantiation. Costs were awarded on an indemnity basis for the hearing due to unsubstantiated allegations.

Court Disposition

Application to withdraw offer of compromise dismissed; judgment for Fu Chen in the sum of $2,000; Firths to pay Fu Chen's costs of the motions on an indemnity basis limited to a hearing of not more than one day.

Orders

  • Firths' Notice of Motion seeking leave for an order permitting withdrawal of the offer of compromise is dismissed.
  • Judgment for Fu Chen the plaintiff, in the sum of two thousand dollars against Stephen Paul Firth the defendant trading as Firths, The Compensation Lawyers in proceedings case number 2012/391980.