NSW Caselaw
New South Wales Supreme Court
CITATION : Traderight (NSW) Pty Ltd & Ors v Bank of Queensland Ltd (No 2) [2008] NSWSC 589
HEARING DATE(S) : Written submissions received 10 and 11 June 2008
JUDGMENT DATE : 12 June 2008
JURISDICTION : Equity Division
JUDGMENT OF : Palmer J
DECISION : Defendant to pay Plaintiffs' costs of motion on party/party basis; costs to be assessed and paid forthwith.
CATCHWORDS : COSTS – Defendant's motion failed on grounds pointed out by Plaintiffs prior to hearing – whether sufficient to warrant indemnity costs – lengthy and costly proceedings – Defendant better able to bear costs of litigation – whether Plaintiffs' costs should be assessed and paid forthwith.
LEGISLATION CITED : Industrial Relations Act 1996 (NSW) – s 106 Uniform Civil Procedure Rules 2005 (NSW) - 42.7(2)
CATEGORY : Procedural and other rulings
CASES CITED : - Fish v Solution 6 Holdings Ltd (2006) 225 CLR 180 - Traderight (NSW) Pty Ltd & Ors v Bank of Queensland Ltd - [2008] NSWSC 543
Traderight (NSW) Pty Ltd (First Plaintiff) Bronwyn Smith (Second Plaintiff) PARTIES : Geoffrey Versace (Third Plaintiff) Smith Partners Developments Pty Ltd (Fourth Plaintiff) Verich Holdings Pty Ltd (Fifth Plaintiff) Bank of Queensland Ltd (Defendant)
FILE NUMBER(S) : SC 4284/07
COUNSEL : N.A. Cotman SC (Plaintiffs) A.R. Moses (Defendant)
SOLICITORS : McCabe Terrill (Plaintiffs) HWL Ebsworth (Defendant)
4284/07 Traderight (NSW) Pty Ltd & Ors v Bank of Queensland Ltd (No 2)
JUDGMENT 12 June, 2008
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