NSW Caselaw
New South Wales Supreme Court
CITATION : Pacific General Securities Ltd & Anor v Soliman & Sons Pty Ltd & Ors (Costs) [2006] NSWSC 724
HEARING DATE(S) : 17 February 2005 (written submissions)
JUDGMENT DATE : 19 July 2006
JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
DECISION : Extension of time to apply to vary costs order refused.
CATCHWORDS : COSTS – Where plaintiff succeeds in gaining relief sought but fails on five of six grounds argued – where the five grounds on which the plaintiff failed did not have reasonable prospects of success – where provisional costs order made that each party bear its own costs, reserving leave to apply for a different order – where plaintiff applies out of time for different costs order – where, if extension granted, leave would be required to proceed because defendant in administration – where application would in any event fail.
LEGISLATION CITED : Corporations Act 2001 (Cth), s 440D(1)(b)
Cates v Glass [1920] NZLR 37 CASES CITED : Pacific General Securities Limited v Soliman & Sons Pty Limited [2006] NSWSC 13 Waterman v Gerling Australia Insurance Co Ltd (Costs) [2005] NSWSC 1111
Pacific General Securities Ltd (P1) Finmore Holdings P/L (P2) PARTIES : Soliman & Sons P/L (D1) Institute of Arbitrators & Mediators (D2) Richard Nixon (D3)
FILE NUMBER(S) : SC 5734/05
COUNSEL : D Hand (Ps)
Crisp & Associates (Ps) SOLICITORS : Colin Biggers & Paisley (D1) Cowley Hearne Lawyers P/L (D2) Dibbs Abbott Stillman (D3)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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