NSW Caselaw
New South Wales District Court
CITATION: Scope Data Systems Pty Ltd v Aitken (No. 3) [2010] NSWDC 66
HEARING DATE(S): 25 March 2010; Defendants' written submissions received on 31 March 2010; Plaintiffs' written submissions received on 12 April 2010
JUDGMENT DATE: 28 April 2010
JURISDICTION: Civil
JUDGMENT OF: Gibson DCJ
DECISION: (1) Vary order 4 of my orders of 25 March 2010 to provide that the plaintiffs pay the defendants' costs on an indemnity basis.
CATCHWORDS: COSTS - summons brought almost a year after assessment and after bankruptcy proceedings instituted - application for indemnity costs
Civil Procedure Act 2005 (NSW), ss 56-62 LEGISLATION CITED: Legal Profession Act 1987 (NSW) Legal Profession Act 2004 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 50.2 and 50.3
AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Cultus Petroleum NL v OMV Australia Pty Ltd [1999] NSWSC 435 Currabubula & Paola v State Bank NSW [2000] NSWSC 232 CASES CITED: Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Oshlack v Richmond River Council (1998) 193 CLR 72 Scope Data Systems Pty Ltd v Agostini Jarrett Pty Ltd [2005] NSWSC 691 Scope Data Systems Pty Ltd v Aitken (No. 2) [2010] NSWDC 65
First Plaintiff: Scope Data Systems Pty Ltd PARTIES: Second Plaintiff: Peter Gorczynski Defendants: Andrew Napier Aitken, Peter Douglas McLachlan and Andrew Bruce Thorpe trading as Aitken McLachlan Thorpe Lawyers
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