NSW Caselaw
New South Wales Supreme Court
CITATION : Sanum-Kehlbeck GMBH & Co KG V Sanum Australia Pty Ltd [2009] NSWSC 690
HEARING DATE(S) : 01/06/09
JUDGMENT DATE : 23 July 2009
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Dr Hilbert Seeger ordered to pay plaintiff's costs assessed on the party/party basis
CATCHWORDS : PROCEDURE - costs - application by successful plaintiff for costs order against non party - proceedings for winding up of company on application of one of two shareholders - where other shareholder caused company to defend in early stages and then to capitulate - whether defence was abuse of process - whether second shareholder purported to conduct proceedings in name of defendant company without authority - dispute in truth between the shareholders - costs awarded against second shareholder - whether costs should be assessed on the indemnity basis
LEGISLATION CITED : Corporations Act 2001 (Cth), s 237 Uniform Civil Procedure Rules 2005, rules 42.3.1, 42.3.2
CATEGORY : Principal judgment
Carson v Legal Services Commissioner [2000] NSWCA 308 Knight v FP Special Assets Ltd [1992] HCA 28; (1992) 174 CLR 178 CASES CITED : Lemoto v Able Technical Pty Ltd [2005] NSWCA 153; (2005) 63 NSWLR 300 Rickard Constructions Pty Ltd v Rickard Hails Moretti Pty Ltd [2008] NSWCA 283 Walton v Gardiner [1993] HCA 77; (1993) 177 CLR 378
Sanum-Kehlbeck GMBH & Co KG - Plaintiff/Applicant PARTIES : Sanum Australia Pty Limited - Defendant Dr Hilbert Seeger - Respondent
FILE NUMBER(S) : SC 5675/08
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