NSW Caselaw
New South Wales Supreme Court
CITATION : Auto Panel Beaters & Radiators Pty Ltd (In liquidation) v Barclays Services Pty Ltd (formerly known as Auto Panel Beating & Radiators Pty Limited) & Ors (No. 2) [2009] NSWSC 1308
JUDGMENT DATE : 3 December 2009
JURISDICTION : Equity
JUDGMENT OF : Forster J at 1
DECISION : See paragraph 13 of judgment.
CATCHWORDS : Application for indemnity costs where party's evidence disbelieved - party's evidence not deliberately concocted - rather, party had persuaded himself as to the truth of his evidence - trial properly conducted - indemnity costs not awarded.
LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
CASES CITED : Degmam Pty Ltd (in liq) Wright (No. 2) [1983] 2 NSWLR 354 Oshlack v Richmond River Council (1998) 193 CLR 72
Plaintiff: Auto Panel Beaters & Radiators Pty Limited (in liquidation) First Defendant: Barclays Services Pty Ltd (formerly known as Auto Panel Beating & Radiators Pty Limited) PARTIES : Second Defendant: Registrar General Third Defendant/Cross Claimant: Roger Whalebone Fourth Defendant: A1 Catering Pty Limited
FILE NUMBER(S) : SC 5462/08
Plaintiff: M. S. Henry COUNSEL : Second Defendant: submitting appearance Third and Fourth Defendant/Cross Claimant: A.Reoch, J. Dowling
Plaintiff: Luke Whiffen, Watson Mangioni Lawyers Pty Ltd SOLICITORS : First Defendant: M. Barclay Second Defendant: submitting appearance Third Defendant/Cross Claimant: J. Dowling
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