NSW Caselaw
New South Wales Supreme Court
CITATION : HUNTER BUSINESS FINANCE PTY LTD v AUSTRALIAN COMMERCIAL & EQUIPMENT FINANCE PTY LTD & ORS [2008] NSWSC 1165
HEARING DATE(S) : 26/11/2007
JUDGMENT DATE : 12 November 2008
JURISDICTION : Equity
JUDGMENT OF : Bryson AJ at 1
DECISION : (1) Order that the plaintiff is to pay the costs of those defendants who participated in the Inquiry of the claims referred to in Orders 1 and 2 of the Orders of 3 April 2003 and those costs are to be assessed on the indemnity basis. (2) Order that each party pay its, his or their own costs of the claim referred to in Order 3 of the Orders of 3 April 2003.
CATCHWORDS : COSTS - Inquiry as to damages under [2003] NSWSC 122 and [2007] NSWSC 1323 - offers of compromise - large claims and small results - exercise of discretion on instant facts.
LEGISLATION CITED : Civil Procedure Act
CASES CITED : Calderbank v Calderbank [1975] 3 All ER 333 Den Hoedt v Barwick [2006] WAS CA 196
Hunter Business Finance Pty Limited - Plaintiff Garry Francis Ennis - 3rd Defendant David John Flanagan - 4th Defendant PARTIES : Errol Sky - 5th Defendant Belfolex Pty Ltd - 6th Defendant Optimal Finance Pty Ltd - 7th Defendant Egras Pty Limited - 8th Defendant
FILE NUMBER(S) : SC 5022/2000
COUNSEL : TJ Hancock - Pltf G Blake SC & H Stowe - Dfts
SOLICITORS : Sparke Helmore Lawyers - Pltf Mason Lawyers - Dfts
LOWER COURT DATE OF DECISION : 26/11/2007
LOWER COURT MEDIUM NEUTRAL CITATION : [2007] NSWSC 1323
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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