In the matter of Ahmed & Associates (Aust) Pty Ltd [2021] NSWSC 631

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Ahmed & Associates (Aust) Pty Ltd [2021] NSWSC 631 Hearing dates: 27 and 28 April 2021 Decision date: 03 June 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Proceedings dismissed. Costs awarded on indemnity basis. Catchwords: COSTS – Party/Party – Exceptions to general rule that costs follow the event – Offers of compromise/Calderbank offers – Whether unreasonable not to have accepted Calderbank offer. COSTS – Party/Party – Exceptions to general rule that costs follow the event – Where claim was without substance. Cases Cited: - Balderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No 2) [2009] NSWCA 12 - Calderbank v Calderbank [1975] 3 All ER 333 - Nu Line Construction Group Pty Ltd v Fowler (aka Grippaudo) [2012] NSWSC 816 - Ofria v Cameron (No 2) [2008] NSWCA 242 - Re Alsafe Security Products Pty Ltd atf the Alsafe Trust (in liq) [2016] NSWSC 575 Category: Costs Parties: Riad Tayeh and Suelen McCallum in their capacity as joint and several liquidators of Ahmed & Associates (Aust.) Pty Ltd (in liq) (First Plaintiff) Ahmed & Associates (Aust.) Pty Ltd (in liq) (Second Plaintiff) Ingleburn Medicos Pty Ltd (First Defendant) Irfan Rasul Malik (Second Defendant) Mamoona Irfan (Third Defendant) Representation: Counsel: Mr D K Ratnam (Plaintiffs) Mr A Moutasallem (Defendants)