Kiwi Munchies Pty Limited v Stern & Ors [2006] NSWSC 432

Kiwi Munchies Pty Limited v Stern & Ors [2006] NSWSC 432

The adjournment was refused because the amount in issue was modest, the Court considered that the relevant issue should be determined by reference to the Local Court pleadings, the fourth defendant's counsel had offered access to the pleadings and correspondence, and the plaintiff should have appreciated that a...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 April 2006
Procedural Posture
Appeal From Decision of Costs Assessor / Application for Adjournment
Outcome
Application for adjournment refused
Legal Topics
['adjournment' 'appeal From Costs Assessor' 'fresh Evidence on Redetermination' 'costs Thrown Away']
['civil Procedure' 'costs Assessment'] ['adjournment' 'appeal From Costs Assessor' 'fresh Evidence on Redetermination' 'costs Thrown Away']

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Procedural Posture

Appeal From Decision of Costs Assessor / Application for Adjournment

Legal Issues

  1. 1 ['Whether the plaintiff should be granted an adjournment to obtain correspondence and tender evidence beyond the Local Court pleadings on redetermination of costs.' "Whether the insurance policy in evidence before the costs assessor responded to the plaintiff's claim against the fourth defendant in the Local Court proceedings."]

Ratio Decidendi

The adjournment was refused because the amount in issue was modest, the Court considered that the relevant issue should be determined by reference to the Local Court pleadings, the fourth defendant's counsel had offered access to the pleadings and correspondence, and the plaintiff should have appreciated that a successful appeal under s 208L would likely lead to immediate redetermination rather than further proceedings before a costs assessor.

Court Disposition

Application for adjournment refused

Orders

  • ['The application for an adjournment is refused.']