Winning Appliances Pty Limited v St George Appliances Pty Limited [1999] NSWSC 1157

New South Wales Supreme Court CITATION : Winning Appliances Pty Limited v St George Appliances Pty Limited [1999] NSWSC 1157 revised - 02/12/99 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 2709/1999 HEARING DATE(S) : 25 November 1999 JUDGMENT DATE : 30 November 1999

PARTIES : Winning Appliances Pty Limited (Plaintiff) St George Appliances Pty Limited (Receiver and Manager Appointed) (Defendant) JUDGMENT OF : Bergin J

LOWER COURT JURISDICTION : Supreme Court (Master) LOWER COURT FILE NUMBER(S) : 2709/1999 LOWER COURT JUDICIAL OFFICER : Acting Master Berecry

COUNSEL : B. Coles QC (Plaintiff) P. Dowdy (Defendant) SOLICITORS : Deacons Graham & James (Plaintiff) Henry Davis York (Defendant) CATCHWORDS : Proceedings to set aside or vary a Statutory Demand - Appeal - from an award of costs by Master in circumstances where the appellant/plaintiff had been ordered to pay costs of proceedings it had commenced to set aside or vary a Statutory Demand and the Demand had been withdrawn the day before the hearing. Polaroid Australia Pty Ltd v Minicomp Pty Ltd (1998) 16 ACLC 529; CASES CITED : Intergraph Public Safety Pty Ltd v Tess Lawrence Media Services Pty Ltd (1996) 19 ACSR 523; Gronow v Gronow (1979) 144 CLR 513. DECISION : Appeal upheld.

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BERGIN J

DATE 30 NOVEMBER 1999

2709/99 - WINNING APPLIANCES PTY LTD v ST GEORGE APPLIANCES PTY LTD (RECEIVER & MANAGER APPOINTED) JUDGMENT

1 This is an appeal This matter was referred to me in the Duty List on 25 November 1999. It had no urgency and by reason of its lack of priority had an interrupted hearing as the Duty List became very busy. Having heard Mr Coles QC's submissions who appeared for the appellant, assisted by his written outline, and having only partly heard Mr Dowdy for the respondent I requested him to provide written submissions by 26 November 1999 to avoid the incursion of further costs. from the judgment of Acting Master Berecry (the Master) of 30 September 1999 in which he made an order that the plaintiff/appellant pay the defendant/respondent's costs of proceedings the plaintiff/appellant had commenced to set aside or alternatively vary a Statutory Demand served on the plaintiff on 21 May 1999.