ANZ Banking Group Ltd v Chief Commissioner of State Revenue (No. 2) [2005] NSWSC 1355

New South Wales Supreme Court

CITATION : ANZ Banking Group Ltd v Chief Commissioner of State Revenue (No. 2) [2005] NSWSC 1355

HEARING DATE(S) : Written submissions in Chambers

JUDGMENT DATE : 23 December 2005

JURISDICTION : Equity Division

JUDGMENT OF : White J

DECISION : Defendant pay the plaintiff's costs of the proceedings.

CATCHWORDS : COSTS - Whether grounds for making indemnity costs order in respect of issue resulting in adjournment - Issue not pursued - Whether jurisdiction to vary earlier costs order made when proceedings adjourned - Indemnity costs order refused.

Stamp Duties Act 1920 LEGISLATION CITED : Uniform Civil Procedure Rules 2005

ISPT Nominees Pty Ltd v Chief Commissioner of State Revenue [2003] NSWSC 697 Oshlack v Richmond River Council (1998) 193 CLR 72 CASES CITED : Hypec Electronics Pty Ltd (in liq) v Mead (2004) 61 NSWLR 169 Mead v Watson (2005) 23 ACLC 718

ANZ Banking Group Ltd PARTIES : v Chief Commissioner of State Revenue

FILE NUMBER(S) : SC 5075/02

Plaintiff: A Sullivan QC COUNSEL : Defendant: H R Sorenson

Plaintiff: Blake Dawson Waldron SOLICITORS : Defendant: Crown Solicitor's Office

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

WHITE J

Friday, 23 December 2005

5075/02 ANZ Banking Group Ltd v Chief Commissioner of State Revenue (No. 2) JUDGMENT 1 HIS HONOUR: Following my judgment of 19 October 2005, the plaintiff seeks orders that:

(a) the order made by Brownie AJ on 16 February 2004 that the defendant pay the plaintiff's costs thrown away by reason of the adjournment on a party/party basis be vacated and substituted by an order that the defendant pay the plaintiff's costs thrown away by reason of the adjournment on an indemnity basis;