NSW Caselaw
New South Wales Supreme Court
CITATION : International Advisor Systems Pty Ltd v XYYX Pty Ltd & anor (Costs) [2008] NSWSC 312
HEARING DATE(S) : 14 March 2008 JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 14 March 2008
DECISION : Cross-claimant to pay cross-defendant's costs on an indemnity basis
CATCHWORDS : COSTS – Indemnity costs – whether proceedings improperly brought or maintained – cross-claim against third party – where cross-claim depends an establishing reliance – where reliance is inconsistent with position maintained by cross-claimant in defence of principal claim
CATEGORY : Consequential orders
Fountain Selected Meats (Sales) Pty Limited v International Produce Merchants Ltd (1988) 81 ALR 397 CASES CITED : International Adviser Systems Pty Ltd v XYYX Pty Ltd [2008] NSWSC 2 PCRZ Investments Pty Ltd v National Golf Holdings Ltd [2002] VSCA 24
International Advisor Systems Pty Limited (plaintiff/first cross-defendant) XYYX Pty Limited (first defendant/cross-claimant) PARTIES : Xin Yong (second defendant/cross-claimant) Jonamill Pty Limited (second cross-defendant) Ren Zhou Lawyers (third cross-defendant)
FILE NUMBER(S) : SC 2607/07
Mr M S Zammit (plaintiff/first cross-defendant) COUNSEL : Mr MD Broun OAM QC (defendants/cross-claimants) Mrs C Champion (second cross-defendant) Ms F J Hayes (solicitor) (third cross-defendant)
Baybridge Lawyers (plaintiff/first cross-defendant) SOLICITORS : Zelden Solicitors (defendants/cross-claimants) Mason Sier Turnbull Lawyers (second cross-defendant) Thomson Playford (third cross-defendant)
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