NSW Caselaw
New South Wales Supreme Court
CITATION : Allied Express Transport Pty Ltd v BAX Global (Aust) Pty Ltd (No 3) [2006] NSWSC 1319
HEARING DATE(S) : 27/11/06 JUDGMENT OF : Gzell J
EX TEMPORE JUDGMENT DATE : 11/27/2006
DECISION : Application to re-open refused. Plaintiff entitled to costs of the claim and ordered to pay one third of the costs of the cross-claim.
CATCHWORDS : DAMAGES - General Principles - Quantum of cross-claim - Whether cross-claimant entitled to rely on portions of files not admitted in evidence - Whether case should be re-opened after principal reasons for judgment published - PROCEDURE - Costs - Equitable set-off pleaded in defence - Cross-claim for damages for breach of contract - Whether proceedings as a whole the event for the purpose of the principle that costs follow the event
LEGISLATION CITED : Uniform Civil Procedure Rules 2005
Allied Express Transport Pty Ltd v BAX Global (Aust) Pty Ltd (No 2) [2006] NSWSC 1180 McDonald & East Ltd v McGregor (1936) 56 CLR 50 CASES CITED : Eden Productions Pty Ltd v Southern Star Group (No 3) [2003] NSWSC 534 Amon v Bobbett (1889) 22 QBD 543 Waters v PC Henderson (Australia) Ltd, unreported, NSWCA, 6 July 1994
PARTIES : Allied Express Transport Pty Ltd - Plaintiff/Cross-Defendant BAX Global (Aust) Pty Ltd - Defendant/Cross-Claimant
FILE NUMBER(S) : SC 50001/06
COUNSEL : Mr R Harper SC Plaintiff Mr J Lockhart - Defendant
SOLICITORS : Hasset Dixon Solicitors and Attorneys - Plaintiff/Cross-Defendant Allens Arthur Robinson Solicitors - Defendant/Cross-Claimant
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