Hughes v Alcantara [2015] NSWSC 508

Hughes v Alcantara [2015] NSWSC 508

The plaintiff's failure to provide compliant and timely economic loss particulars and forensic accounting material caused wasted costs in relation to the appearances on 16 April 2014, 2 May 2014, 4 July 2014 and 28 July 2014, and the plaintiff conceded those costs. The later appearances on 19 December 2014 and 13 March 2015 had utility beyond the forensic accounting issue, so the costs order was limited to the first four appearances.

Jurisdiction
Australia
Judgment Date
06 May 2015
Procedural Posture
Costs Application in Civil Damages Proceedings / Directions/costs Ruling
Outcome
Plaintiff ordered to pay specified costs of the defendant.
Legal Topics
['economic Loss Particulars' 'expert Forensic Accounting Evidence' 'non Compliance With Uniform Civil Procedure Rules' 'costs of Appearances']
['costs' 'civil Procedure' 'medical Negligence'] ['economic Loss Particulars' 'expert Forensic Accounting Evidence' 'non Compliance With Uniform Civil Procedure Rules' 'costs of Appearances']

Case Brief

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Procedural Posture

Costs Application in Civil Damages Proceedings / Directions/costs Ruling

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendant's costs thrown away or occasioned by appearances concerning the plaintiff's economic loss claim and forensic accounting evidence." 'Whether appearances on 19 December 2014 and 13 March 2015 had utility beyond consideration of the forensic accounting issue.']

Ratio Decidendi

The plaintiff's failure to provide compliant and timely economic loss particulars and forensic accounting material caused wasted costs in relation to the appearances on 16 April 2014, 2 May 2014, 4 July 2014 and 28 July 2014, and the plaintiff conceded those costs. The later appearances on 19 December 2014 and 13 March 2015 had utility beyond the forensic accounting issue, so the costs order was limited to the first four appearances.

Court Disposition

Plaintiff ordered to pay specified costs of the defendant.

Orders

  • ['Order the plaintiff to pay the costs of and incidental to appearances on 16 April 2014, 2 May 2014, 4 July 2014 and 28 July 2014.']