Sead Ramic v Proelectrical Pty Ltd [2016] NSWSC 591

Sead Ramic v Proelectrical Pty Ltd [2016] NSWSC 591

The plaintiff, not being party to the cross-claim and having resolved its claim with the defendant, is entitled to judgment as agreed, regardless of unresolved issues concerning the cross-claim.

Parties
Plaintiff: Sead Ramic; Defendant: Proelectrical Pty Ltd; Second Defendant: RAMS Electrical Pty Ltd
Jurisdiction
Australia
Judgment Date
05 April 2016
Procedural Posture
Common Law / Final Judgment and Interlocutory Orders
Outcome
Judgment for the plaintiff with costs; balance adjourned.
Legal Topics
Costs, Offer of Compromise, Adjournment
Civil Procedure Costs Offer of Compromise Adjournment

Case Brief

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Parties

Sead Ramic

Plaintiff

Proelectrical Pty Ltd

Defendant

RAMS Electrical Pty Ltd

Second Defendant

Procedural Posture

Common Law / Final Judgment and Interlocutory Orders

Legal Issues

  1. 1 Whether the plaintiff is entitled to judgment in accordance with an accepted offer of compromise under Uniform Civil Procedure Rules 2005 (NSW) r 20.26 and 27
  2. 2 Whether the proceedings should be adjourned to allow finalisation of the cross-claim

Ratio Decidendi

The plaintiff, not being party to the cross-claim and having resolved its claim with the defendant, is entitled to judgment as agreed, regardless of unresolved issues concerning the cross-claim.

Court Disposition

Judgment for the plaintiff with costs; balance adjourned.

Orders

  • Judgment for the Plaintiff in the sum of $750,000.
  • Order against the defendant in favour of the plaintiff for the costs of the proceedings.