Global v Sensis [2007] NSWSC 967

New South Wales Supreme Court

CITATION : Global v Sensis [2007] NSWSC 967

HEARING DATE(S) : 27 August 2007 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 27 August 2007

DECISION : The defendant is to pay the plaintiff's costs of the proceedings.

CATCHWORDS : COSTS - statutory demand set aside by consent after judgment upon which demand was based set aside on appeal - no good reason why costs should not follow the event.

LEGISLATION CITED : Corporations Act 2001 (Cth).

CASES CITED : Eumina Investments Pty Ltd v Westpac Banking Corporation (1998) 84 FCR 454 Midas Management Pty Ltd v Equator Communications Pty Ltd [2007] NSWSC 759

PARTIES : Global Alliance Network Sensis Pty Ltd

FILE NUMBER(S) : SC 2299/2007

COUNSEL : T. P. Sperber (Solicitor) (Plaintiff) M. W. Hadley (Defendant)

SOLICITORS : Swaab Attorneys (Plaintiff) Holman Webb (Defendant)

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

HAMMERSCHLAG J

27 AUGUST 2007

2299/2007 GLOBAL ALLIANCE NETWORK –V- SENSIS PTY LIMITED JUDGMENT 1 HIS HONOUR: The only issue remaining in these proceedings to set aside a statutory demand is costs.

2 The defendant served a statutory demand on the plaintiff relying on a judgment of the District Court of New South Wales.

3 The demand was served after the plaintiff had instituted an appeal to the Court of Appeal from that Court.

4 The appeal succeeded.

5 The statutory demand has, by consent, been set aside.

6 The judgment debt was for $125,491.11. There is apparently an undisputed amount of $20,513.90 which the plaintiff owes the defendant, but which is likely to be either wholly or in part offset by cost orders which the plaintiff has against the defendant.