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Jeffrey v Seeley International Pty Ltd

Jeffrey v Seeley International Pty Ltd

Case [2012] VCC 1045

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AGLC: Jeffrey v Seeley International Pty Ltd [2012] VCC 1045
Case: [2012] VCC 1045
Decision Date: 13 August 2012

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Jeffrey v Seeley International Pty Ltd [2012] VCC 1045

Cases Citing This Decision

Cases Cited

Statutory Material Cited

Jovanovski v Billbergia Pty Ltd (No 2) [2010] NSWSC 617
Citation 1

…d appeared in the medical reports previously served, which had determined the matter”. He also referred to Jovanovski v Billbergia Pty Ltd (No.2) [2010] NSWSC 617 where he said Davies J did not award indemnity costs despite an offer of compromise not being accepted because “the case was won by the defendant on the…
Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368
Citation 2

…discretion which was to be exercised having regard to all the circumstances of the case. He referred to Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368. It was appropriate here, he said, to consider the complexity of the case and also whether the plaintiffs succeeded on the case they advanced at the…
Roads and Traffic Authority of NSW v Refrigerated Roadways Pty Ltd (No 2) [2009] NSWCA 336
Citation 3

…well after the expiry of the offer of compromise”. He also referred to Roads & Traffic Authority (NSW) v Refrigerated Roadways Pty Ltd (No.2) [2009] NSWCA 336 [18]–[19] and [21]. He also referred to the Civil Procedure Act 2010.…
Australian Securities and Investments Commission v Piggott Wood and Baker (a firm) (No 4) [2008] FCA 1774
Citation 4

…8; Queensland Wire Industries Pty Ltd v BHP Co Limited (1987) 17 FCR 211, 222; Cummings v Lewis (1993) 41 FCR 449, 603, Ruddock v Vadarlis (No.2) (2001) 115 FCR 229. Following reservation of my decision and in accordance with leave reserved, Mr Hopkins drew my attention to further authorities, namely, Elite Protectiv…
Elite Protective Personnel Pty Ltd v Salmon (No 2) [2007] NSWCA 373
Citation 5

…in accordance with leave reserved, Mr Hopkins drew my attention to further authorities, namely, Elite Protective Personnel Pty Ltd v Salmon No 2 [2007] NSWCA 373, Sol Theo and the Trustees of the S Theo Family Trust v The Official Trustee in Bankruptcy [1995] FCA 1683 and Environment East Gippsland Inc v VicForest…
Auspine Staff Superannuation Pty Ltd v Henderson (No 2) [2006] FCA 1533
Citation 6

…deral Court of Australia, referred with approval to the cautionary remarks of Jacobs J of the Supreme Court of South Australia in Cretazzo v Lombardi (1975) 13 SASR 4, 12. His Honour said:…
Hartley Poynton Ltd v Ali [2005] VSCA 53
Citation 7 (Para 107)

…ment of the proceeding and the burden lay on the defendant to show a good cause to the contrary. They referred to Hartley Poynton Ltd v Lai (2005) 11 VR 568 at [107] and the Judgment of Gillard J in Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (No.3) [2003] VSC 244 at [61] as to the rationale for the award of int…
Ruddock v Vadarlis (No 2) [2001] FCA 1865
Citation 8

…9 He said that a successful party “may be deprived of the costs of particular issues in respect on which it failed and may be ordered to pay the costs of the other party on those issues”. Such an issue need not be a precise issue in a technical pleading sense but may be any disputed issue of fact in…
Chapman v Wickman Ryan Pty Ltd [2000] FCA 536
Citation 9

…e plaintiffs succeeded on the case they advanced at the time the offer was made or on some other basis. He referred to Chapman v Wickham Ryan Pty Ltd [2000] FCA 536 [25] per Matthews J, who said:…
ANZ Banking Group Ltd v PA Wright and Sons Pty Ltd [1999] NSWSC 656
Citation 10

…12 He also referred to Australia & New Zealand Banking Group Ltd v PA Wright & Sons Pty Ltd [1999] NSWSC 656 [3] per Hunter J. He said where a plaintiff makes an offer which is not accepted and succeeds at trial on the evidence and case existing at the time of the offer, it may be appropriate to award indemnity cos…
Fowdh v Fowdh [1993] NSWCA 100
Citation 11

…fferent, however, he submitted, where the plaintiff succeeded on different evidence or with a distinctly different case. He referred to Fowdh v Fowdh [1993] NSWCA 100 where indemnity costs were not awarded because, according to Mahoney AP, it was “the medical evidence which emerged at the trial and not what had app…
Queensland Wire Industries Pty Ltd v Broken Hill Proprietary Co Ltd [1989] HCA 6
Citation 12

…erred to Hughes v Western Australian Cricket Association Incorporated (1986) ATPR 40-7 and 8; Queensland Wire Industries Pty Ltd v BHP Co Limited (1987) 17 FCR 211, 222; Cummings v Lewis (1993) 41 FCR 449, 603, Ruddock v Vadarlis (No.2) (2001) 115 FCR 229. Following reservation of my decision and in accordance with…
Cummings v Lewis & [1993] HCATrans 280
Citation 13

…n Australian Cricket Association Incorporated (1986) ATPR 40-7 and 8; Queensland Wire Industries Pty Ltd v BHP Co Limited (1987) 17 FCR 211, 222; Cummings v Lewis (1993) 41 FCR 449, 603, Ruddock v Vadarlis (No.2) (2001) 115 FCR 229. Following reservation of my decision and in accordance with leave reserved, Mr Hopkins dre…
Hughes v Western Australian Cricket Association (Inc) [1986] FCA 382
Citation 14

…echnical pleading sense but may be any disputed issue of fact in law. He referred to Hughes v Western Australian Cricket Association Incorporated (1986) ATPR 40-7 and 8; Queensland Wire Industries Pty Ltd v BHP Co Limited (1987) 17 FCR 211, 222; Cummings v Lewis (1993) 41 FCR 449, 603, Ruddock v Vadarlis (No.2) (…
Trade Practices Commission v Nicholas Enterprises Pty Ltd (No 3) [1979] FCA 143
Citation 15

…6. They also referred to the decision of Fisher J in The Federal Court of Australia and Trade Practices Commission v Nicholas Enterprises Pty Ltd (1979) 28 ALR 201.…
Environment East Gippsland Inc v VicForests [2010] VSC 416
Citation 16

…and the Trustees of the S Theo Family Trust v The Official Trustee in Bankruptcy [1995] FCA 1683 and Environment East Gippsland Inc v VicForests [2010] VSC 416. They also referred to the decision of Fisher J in The Federal Court of Australia and Trade Practices Commission v Nicholas Enterprises Pty Ltd (1979) 28…
Charles Blackman v Peter Gant [No 2] [2010] VSC 246
Citation 17

…on these costs issues was reserved, Mr Kelly and Mr Clements submitted references to the decision in Charles Blackman v Peter Gant [No 2] [2010] VSC 246 where his Honour distinguished the significantly different consequences between a mere calderbank letter on the one hand and an offer under Order 26 which has no…
Foxeden Pty Ltd v IOOF Building Society Limited (No 3) [2006] VSC 207
Citation 18 (Para 5)

…own to the contrary”. They referred to Clarke v Foodline Stores Pty Ltd [1993] 2 VR 382; Foxeden Pty Ltd v IOOF Building Society Ltd (No.3) [2006] VSC 207 at [5]. They said the interest should be calculated from the date of the commencement of the proceeding and the burden lay on the defendant to show a good caus…
Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (No 3) [2003] VSC 244
Citation 19 (Para 61)

…Hartley Poynton Ltd v Lai (2005) 11 VR 568 at [107] and the Judgment of Gillard J in Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (No.3) [2003] VSC 244 at [61] as to the rationale for the award of interest. They contended that no good cause had been shown to the contrary and therefore the interest sought shoul…
Simonovski v Bendigo Bank Ltd (No 2) [2003] VSC 139
Citation 20 (Para 17)

…ers”. They said the presumption of entitlement to those costs was not easily displaced. They referred to Simonovski v Bendigo Bank Limited (No.2) [2003] VSC 139 at [17]. They said that the complexity of the case was not a sufficient reason to do other than allow the presumption established by the rule to operate.…
Jeffrey v Seeley International Pty Limited [2012] VCC 1043
Citation 21 (Para 2012)

…4 My reasons for determination of the substantive matter appear at [2012] VCC 1043. As to the general facts of the proceeding, my findings and my reasons for determination, I incorporate those by reference for the purposes of this determination.…

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