Meimaropoulos v Cheum (No. 2) [2014] NSWDC 76

Meimaropoulos v Cheum (No. 2) [2014] NSWDC 76

The plaintiff's adjournment application was unmeritorious because there was no medical evidence connecting her stroke to the accident and the adjournment was sought to subpoena the doctor's file after the doctor refused to provide the opinion sought. The insurer joinder motion was misconceived and the plaintiff's unreadiness wasted months. Although the plaintiff obtained judgment, she recovered less than $40,000 and the court was not satisfied that commencement or continuation in the District Court was warranted because the case was a modest claim suitable for the Local Court and had been inflated by dishonest or exaggerated claims. Her conduct caused the defendants substantial additional...

Jurisdiction
Australia
Judgment Date
27 June 2014
Procedural Posture
Tort Costs Application in Personal Injury Proceedings / Post Judgment Notice of Motion for Costs
Outcome
Defendants' costs motion granted in part; plaintiff ordered to pay specified interlocutory and motion costs and 25% of the defendants' hearing costs, with set-off against the judgment sum.
Legal Topics
['costs Following the Event' 'costs Thrown Away by Vacated Hearing Dates' 'dismissed Interlocutory Motion' 'ucpr R 42.35 Costs Threshold' 'discretionary Costs Orders Under S 98 Civil Procedure Act 2005 (nsw)' 'proportionality of Costs' 'dishonest or Exaggerated Personal Injury Claims']
['tort' 'civil Procedure' 'costs'] ['costs Following the Event' 'costs Thrown Away by Vacated Hearing Dates' 'dismissed Interlocutory Motion' 'ucpr R 42.35 Costs Threshold' 'discretionary Costs Orders Under S 98 Civil Procedure Act 2005 (nsw)' 'proportionality of Costs' 'dishonest or Exaggerated Personal Injury Claims']

Case Brief

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Procedural Posture

Tort Costs Application in Personal Injury Proceedings / Post Judgment Notice of Motion for Costs

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendants' costs thrown away by the vacation of the hearing dates of 27 and 28 August 2012." "Whether the plaintiff should pay the defendants' costs of the unsuccessful motion to join the defendants' home insurer." 'Whether an order for costs following the event should be refused under UCPR r 42.35 because the plaintiff recovered less than $40,000 and the District Court proceedings were not warranted.' "Whether the plaintiff, although successful on liability and damages, should pay a proportion of the defendants' hearing costs under s 98 Civil Procedure Act 2005 (NSW) because of her conduct of the litigation."]

Ratio Decidendi

The plaintiff's adjournment application was unmeritorious because there was no medical evidence connecting her stroke to the accident and the adjournment was sought to subpoena the doctor's file after the doctor refused to provide the opinion sought. The insurer joinder motion was misconceived and the plaintiff's unreadiness wasted months. Although the plaintiff obtained judgment, she recovered less than $40,000 and the court was not satisfied that commencement or continuation in the District Court was warranted because the case was a modest claim suitable for the Local Court and had been inflated by dishonest or exaggerated claims. Her conduct caused the defendants substantial additional...

Court Disposition

Defendants' costs motion granted in part; plaintiff ordered to pay specified interlocutory and motion costs and 25% of the defendants' hearing costs, with set-off against the judgment sum.

Orders

  • ['Mr S Brennan (barrister - as amicus) is excused from further attendance.' "The Plaintiff pay the Defendants' costs of Notice of Motion heard 3 August 2012 to vacate hearing dates of 27 and 28 August 2012, and costs thrown away by reason of vacation of hearing dates of 27 and 28 August 2012." "The Plaintiff pay the...