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Judgment

Gary James v Woods Furniture and Design Ltd (In Voluntary Liquidation) - Ruling on Costs

G 0511/2009 · 2019-10-15

Costs of personal injury action in which liability admitted and damages assessed exceeded amount defendant paid into Court; failure to prepare witness statement on quantum as directed by two Court orders; whether costs otherwise recoverable by plaintiff in relation to quantum phase of trial should be reduced by reason of plaintiff's unreasonable conduct; belated admission of liability by defendant seven years after court encouraged settlement of action; pursuit of hopeless contributory negligence defence; whether Defendant should pay indemnity costs because of its unreasonable conduct; overriding objective; Grand Court Rules, Preamble, paragraphs 1, 4(d); Grand Court Rules, Order 62 rules 4(2), 4(11); costs following personal injury trial; indemnity vs standard basis; unreasonable conduct; failure to comply with court orders; contributory negligence defence; application to dismiss for want of prosecution; proportionality and overriding objective

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