NSW Caselaw
New South Wales Court of Appeal
CITATION: Muhibbah Engineering (M) BHD & Anor v Trust Company Ltd & Anor [2009] NSWCA 205
HEARING DATE(S): 13/07/09
JUDGMENT DATE: 27 July 2009
JUDGMENT OF: Young JA at 1; Handley AJA at 19; Sackville AJA at 47
DECISION: Appeal dismissed with costs.
CATCHWORDS: COSTS - proceedings for breach of injunction - settled on undertakings without admissions - no hearing on merits - judge orders defendant to pay costs of proceedings - judge concluding defendant acted unreasonably - conclusion open without hearing on merits.
LEGISLATION CITED: Civil Procedure Act 2005 (NSW) s 98 Conveyancing Act, s 88K
Chapman v Luminis Pty Ltd [2003] FCAFC 162 CASES CITED: ONE.TEL Ltd v Deputy Commissioner of Taxation [2000] FCA 270 R v Gold Coast City Council; Ex parte Raysun Pty Ltd [1971] QWN 13
PARTIES: Muhibbah Engineering (M) BHD - Apellant The Trust Company Limited - Respondent
FILE NUMBER(S): CA 40330/08
COUNSEL: G A Sirtes SC - Appellant D A Stack - Respondent
SOLICITORS: Gray & Perkins, Sydney - Appellant Deacons, Sydney - Respondent
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 5922/2007
LOWER COURT JUDICIAL OFFICER: Debelle AJ
LOWER COURT DATE OF DECISION: 11/09/2008
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40330/08
YOUNG JA HANDLEY AJA SACKVILLE AJA
Monday 27 July 2009 MUHIBBAH ENGINEERING (M) BHD & ANOR v TRUST COMPANY LIMITED
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