NSW Caselaw
New South Wales Supreme Court
CITATION : Saferack Pty Ltd v Marketing Heads Australia Pty Ltd [2007] NSWSC 1317
HEARING DATE(S) : 12/10/07 Plaintiff's submissions on costs - 22/10/07
JUDGMENT DATE : 20 November 2007
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Defendant to pay plaintiff's costs of the proceedings, such costs to be assessed on the indemnity basis.
CATCHWORDS : PROCEDURE - costs - application for order setting aside statutory demand - application successful - application should have been seen by defendant from the outset as irresistible - indemnity costs awarded to plaintiff
LEGISLATION CITED : Corporations Act 2001 (Cth), Part 2B.5, ss.459E(3), 459G, 459J(1) Uniform Civil Procedure Rules 2005, rule 42.1
Alliance Accounting & Business Consultants Pty Ltd v Australian Property Investment Development Pty Ltd [2007] NSWSC 775 Austral Rail Pty Ltd v Hunter Premium Funding Pty Ltd [2001] NSWSC 654 CGI Information Systems and Management Consultants Pty Ltd v APRA Consulting Pty Ltd (2003) 47 ACSR 100 CASES CITED : Oshlack v Richmond River Council (1998) 193 CLR 72 Polaroid Australia Pty Ltd v Minicomp Pty Ltd (1998) 16 ACLC 529 Professional Advantage Pty Ltd v Australian Broadcasting Corporation [2007] NSWSC 607 Saferack Pty Ltd v Marketing Heads Australia Pty Ltd [2007] NSWSC 1143
PARTIES : Saferack Pty Ltd - Plaintiff Marketing Heads Australia Pty Ltd - Defendant
FILE NUMBER(S) : SC 3937/07
COUNSEL : Mr M.R. Ellicott - Plaintiff Mr J.M. Miller - Defendant
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