Further to having received a rather pathetic and certainly unwarranted, threatening and intimidating letter from Radford Lawyers, on behalf of three lovely Allianz NSW workers compensation case managers, alleging us of defaming them, aworkcovervictimdiary.com has not been shy and has formally replied to these lovely ladies. Our marvelous Legal representative, Atlas Legal has, most kindly, not only accepted service of any Writ, Summons, Claim, Statement or Complaint, but they have also put our thoughts into “gentle words” and FREE OF CHARGE!
Our formal reply to Allianz NSW workcover case managers threatening us with defamation
Atlas Legal formal reply to Radford lawyers
Note: we have deliberately omitted Atlas Legal’s physical address and phone/fax numbers in order to protect our “Atlasman” from any trolling / internet / cyber-related spam. (letter missing after changing our site to a new server- sorry, we’ll put it back up).
Atlas Legal and workcovervictimsdiary.com look very much forward to a reply, however we doubt that we’ll hear anything more. The original intimidating and threatening letter was dated 12 March, well over one month ago; and whilst a workcovervictimsdiary.com did not comply with the “demands” in Mr Radford’s letter, and merely published the insulting letter, we have not heard a squeak since….
Note: [popup url= ‘http://www.judcom.nsw.gov.au/publications/benchbks/civil/costs.html#p8-0090 ‘] Read more about costs Colgate v Palmolive [/popup]
The Principle with respect to indemnity costs are conveniently stated by Shephard J in Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 at 223 to 234.
These principles may be sumarised as follows:
- The circumstances of the case must be such as to warrant the court to depart from the settled practice of ordering costs on a party.party basis;
- The circumstances may warrant the granting of indemnity costs is he making of allegations of fraud knowing them to be false and the making of irrelevant allegations of fraud; evidence of particular misconduct that causes loss of time to the Court and to the other parties;
- The fact that the proceedings were commenced or continued for some ulterior motive or in a willful disregard of known facts or clearly established how the making of allegations which ought never have been made or be undue prolongation of a case by groundless contentions; and on imprudent refusal of an offer to compromise.
Please help us say thank you to Atlas Legal!