Gee Ha Pty Ltd v Dera Developments Pty Ltd [2007] NSWSC 95

New South Wales Supreme Court

CITATION : Gee Ha Pty Ltd v Dera Developments Pty Ltd [2007] NSWSC 95

HEARING DATE(S) : 18/09/06

JUDGMENT DATE : 20 February 2007

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : White J

DECISION : Order that the plaintiff pay the defendant's costs of the proceedings.

CATCHWORDS : COSTS - Discretion - Where no determination on the merits - Proceedings unreasonably instituted by plaintiff - Proceedings delayed and costs increased by plaintiff's conduct - Order that the plaintiff pay the defendant's costs of proceedings - No issue of principle.

Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622 CASES CITED : One.Tel Ltd v Deputy Commissioner of Taxation (2000) 101 FCR 548 Jem No. 4 Pty Ltd v Southern Cross Construction (NSW) Pty Ltd [2006] NSWSC 602

FILE NUMBER(S) : SC 1912/06

COUNSEL : Plaintiff: J T Johnson Defendant: R Harper SC

SOLICITORS : Plaintiff: Smith Monti Legal Defendant: The Law Partnership

LOWER COURT JURISDICTION : Compensation Court

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST

WHITE J

Tuesday, 20 February 2007

1912/06 Gee Ha Pty Ltd v Dera Developments Pty Ltd JUDGMENT 1 HIS HONOUR: These were proceedings for an order to set aside a statutory demand. The statutory demands, served by the defendant on the plaintiff, was dated 22 February 2006 and demanded payment of a sum of $211,824.18. This was said to comprise a principal sum of $200,000 together with interest from 10 September 2005 to 22 February 2006 of $11,824.18. Interest was claimed to accrue at the rate of 13% per annum, being $71.23 per day.