NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Malosi Group Pty Ltd [2021] NSWSC 801 Hearing dates: 1 June 2021 Date of orders: 1 July 2021 Decision date: 01 July 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Creditor's statutory demand varied pursuant to s 459H of the Corporations Act 2001 (Cth). Plaintiff ordered to pay Defendant's costs on the ordinary basis. Catchwords: COSTS — Party/Party — General rule that costs follow the event — Application of the rule and discretion — Where contractual clauses relied on to seek costs on indemnity basis Cases Cited: - Kerslake Superannuation Pty Ltd v C&L Building Pty Ltd [2010] NSWSC 424 - Kyabram Property Investments Pty Ltd v Murray [2005] NSWCA 87 - Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service (No 3) [2010] NSWSC 1139 - MIS Funding No 1 Pty Limited v N W Truskett (No 2); In the matter of Willmott Forests Limited (No 2) [2017] NSWSC 1157 - Re Powerpark Systems Pty Ltd [2018] NSWSC 793 Westpac Banking Corporation v Mason [2011] NSWSC 1241 Category: Procedural rulings Parties: Malosi Group Pty Ltd (Plaintiff) Sherrin Rentals Pty Ltd (Defendant) Representation: Counsel: A Rizk (Plaintiff) N Ferrett QC (Defendant)
Solicitors: Darby Jones Lawyers (Plaintiff) Archibald & Brown Lawyers (Defendant) File Number(s): 2021/80305
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