NSW Caselaw
New South Wales Supreme Court
CITATION : Condor Asset Management Ltd v Excelsior Eastern Ltd - Costs [2006] NSWSC 510
HEARING DATE(S) : 04/11/05 Last submissions on costs received: 21/04/06
JUDGMENT DATE : 29 May 2006
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Defendant to pay plaintiff's costs assessed on the indemnity basis
CATCHWORDS : PROCEDURE - costs - successful application for order setting aside statutory demand - where defendant failed to give particulars going to defects as ultimately found by court - unreasonable conduct of defendant in pressing demand and compelling plaintiff to commence proceedings
LEGISLATION CITED : Uniform Civil Procedure Act 2005, s.99
Club Marconi of Bossley Park v AVR Services (NSW) Pty Ltd [2002] NSWSC 584 Condor Asset Management Ltd v Excelsior Eastern Ltd [2005] NSWSC 1139 Gersten v Minister for Immigration & Multicultural Affairs [2001] FCA 260 CASES CITED : Grass Manufacturers Pty Ltd v Sraennik Pty Ltd [2003] NSWSC 95 Oshlack v Richmond River Council (1998) 193 CLR 72 Rainbow and Nature Pty Ltd v Bronson and Jacobs [2006] NSWSC 217 Redglove Holdings Pty Ltd v GNE & Associates Pty Ltd (2001) 165 FLR 72
PARTIES : Condor Asset Management Limited - Plaintiff Excelsior Eastern Limited - Defendant
FILE NUMBER(S) : SC 4773/05
COUNSEL : Mr E.C. Muston - Plaintiff Mr R.B. O'Hair - Defendant
SOLICITORS : Verekers - Plaintiff United Legal - Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
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