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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44135
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have recently been successful in a civil case in the Nsw

Customer Question

I have recently been successful in a civil case in the Nsw court. I was awarded $312,000 plus costs which are for my case $60,000. Exactly 27 after Te judgement the defendant served notice of intention to appeal.
My solicitor says the appeal will probably go on for another 18 months and that I will be liable for costs. He suggested I should make an offer to accept $200,000 inclusive of costs.
I believe he had donee this and the defendant had 28 days to respond.
I am a disabled aged pensioner and this money was lent to him during the period I was working under him.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

So the defendant has filed the appeal?

Customer: replied 1 year ago.
No I was told he had three months to do it.
Expert:  Leon replied 1 year ago.

What court was this in?

Customer: replied 1 year ago.
The District Court in Newcastle. I was told he only filled his intention to appeal. This was done on the day prior to my legal team being able to place a writ on his property.
Expert:  Leon replied 1 year ago.

The appeal has to be filed in 28 days from my understading and the Uniform Civil Procedure Rules

http://www.austlii.edu.au/au/legis/nsw/consol_reg/ucpr2005305/s50.3.html

I would suggest that your legal team write to them and ask them the grounds of the appeal.

Before you make any offer of compromise, you should have the matter looked at by a barrister and get advise on the chances of success of the appeal and if need seek an order for security for costs to make sure they pay money into court to cover your costs if they lose.

I am not privy to anything but I find it strange to make an offer when you do not know the grounds.

They have to file something with the court in the 28 days if not then they may have to seek leave.

Customer: replied 1 year ago.
Thank you Leon. I will contact my solicitor tomorrow. I thought my information was strange.
Expert:  Leon replied 1 year ago.

Good Evening

All the best

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon