NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Beverage Freight Services Pty Ltd [2020] NSWSC 973 Hearing dates: 27 July 2020 Date of orders: 27 July 2020 Decision date: 27 July 2020 Jurisdiction: Equity - Corporations List Before: Black J Decision: Proceedings stayed until 18 December 2020; and relisted on 14 December 2020 to determine any question of continuance of stay, dismissal of proceedings or further directions. Catchwords: CIVIL PROCEDURE — Stay of proceedings — Where order for costs forthwith made in favour of Defendants in respect of wasted costs — Where summons for leave to appeal brought and costs not yet paid — Where detriment to Defendants arising from wasted costs not remedied. Legislation Cited: - Civil Procedure Act 2005 (NSW), ss 56-58, 61 Cases Cited: - State of New South Wales v Hamod [2011] NSWCA 376 - Re Beverage Freight Services Pty Ltd [2020] NSWSC 509 - Re Beverage Freight Services Pty Ltd [2020] NSWSC 797 - Re Beverage Freight Services Pty Ltd [2020] NSWSC 861 Texts Cited: - G E Dal Pont, Law of Costs (LexisNexis Butterworths, 4th ed 2018) at [14.47] Category: Procedural and other rulings Parties: J E & Vella Pty Ltd & Anor (Plaintiffs) Brian Charles Hobson & Ors (Defendants) Representation: Counsel: F Amirbeaggi (Solicitor) (Plaintiffs) M Dolenec (Defendants)
Solicitors: Yates Beaggi Lawyers (Plaintiffs) McEvoy Legal (Defendants) File Number(s): 2015/157614
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