NSW Caselaw
New South Wales Supreme Court
CITATION : Canon Australia Pty Ltd v Yong Bros Pty Ltd (Costs) [2009] NSWSC 1245
HEARING DATE(S) : 1 October 2009 JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 1 October 2009
DECISION : No order as to costs
CATCHWORDS : CORPORATIONS – costs – where creditor's statutory demand issued – where demand later withdrawn – relevant considerations – where decision to withdraw statutory demand a unilateral decision and not the product of compromise between the parties – where demand issued on an obviously solvent company – where not self-evident that there was a legitimate dispute – where demand withdrawn after dispute established – whether use of statutory demand an abuse of process
LEGISLATION CITED : (NSW) Uniform Civil Procedure Rules 2005, r 15.10
CATEGORY : Consequential orders
Canon Australia Pty Ltd v Yong Bros Pty Ltd [2009] NSWSC 842 CASES CITED : Canon Australia Pty Ltd v Yong Bros Pty Ltd [2009] NSWSC 843 Immigration and Ethnic Affairs, Re Minister for; Ex parte Lai Qin (1997) 186 CLR 622
PARTIES : Canon Australia Pty Ltd (plaintiff) Yong Bros Pty Ltd (defendant)
FILE NUMBER(S) : SC 5805/08
COUNSEL : Mr J K Chippindall (plaintiff) Mr J T Johnson (defendant)
SOLICITORS : McLachlan Chilton (plaintiff) Yates Beaggi (defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
BRERETON J
Thursday 1 October 2009
5805/08 Canon Australia Pty Limited v Yong Bros Pty Limited JUDGMENT (ex tempore)
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