NSW Caselaw
New South Wales Supreme Court
CITATION : Westbury Holdings Kiama Pty Ltd v ASIC [2007] NSWSC 1064
HEARING DATE(S) : 13/09/07
JUDGMENT DATE : 21 September 2007
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Confirmation of order that applicants pay respondents' costs of interlocutory process filed on 14 March 2007
CATCHWORDS : PROCEDURE - costs - application for assessment on the indemnity basis - where respondents invited applicants to capitulate - where some grounds upon which the invitation was made were found not to have substance and others were not argued
LEGISLATION CITED : Corporations Act 2001 (Cth), s.601AH
Jones v Bradley No. 2 [2003] NSWCA 258 Leichhardt Municipal Council v Green [2004] NSWCA 341 CASES CITED : Pollard v Baulderstone Hornibrook Engineering Pty Ltd No. 2 [2007] NSWSC 486 Singh v Singh (No 3) [2004] NSWSC 866 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Westbury Holdings Kiama Pty Ltd v Australian Securities and Investments Commission (2007) 25 ACLC 710
Westbury Holdings Kiama Pty Limited and Peter Fitzgerald - Plaintiffs/Respondents PARTIES : Australian Securities and Investments Commission - Defendant Miltonbrook Pty Limited, Miltonbrook Land Pty Limited, Embrook Pty Limited - Applicants
FILE NUMBER(S) : SC 6104/06
COUNSEL : Mr D.L. Warren - Plaintiffs/Respondents Mr G.J. Nell SC - Applicants
SOLICITORS : Heard McEwan Legal - Plaintiffs/Respondents Russell McLelland Brown - Applicants
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