Australian Native Landscapes Pty Limited -v- Pigment Dispersions Pty Limited [2009] NSWSC 1217

New South Wales Supreme Court

CITATION : Australian Native Landscapes Pty Limited -v- Pigment Dispersions Pty Limited [2009] NSWSC 1217

HEARING DATE(S) : 28 October 2009 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 28 October 2009

DECISION : The parties' costs of these proceedings in relation to the issue whether the parties reached an agreement on or about 16 March 2009 to resolve the defendant's claims against the plaintiff, will be costs in the Local Court proceedings.

CATCHWORDS : CORPORATIONS – other matters – defendant obtains default judgment in Local Court proceedings – defendant serves statutory demand – settlement agreement reached between the parties – payment by plaintiff in accordance with settlement agreement – plaintiff commences proceedings in this Court seeking to set aside statutory demand and a declaration in relation to settlement agreement – whether these proceedings constitute an abuse of process – parties agree to setting aside of statutory demand and abandonment of relief in connection with agreement – COSTS – issue whether statutory demand had been withdrawn – held plaintiff only entitled to its costs up to and including 22 October 2009 – held costs of proceedings relating to issues of enforcement of settlement agreement will be the costs in the Local Court proceedings

CATEGORY : Principal judgment

PARTIES : Australian Native Landscapes Pty Limited ACN 001 749 980 - Plaintiff Pigment Dispersions Pty Limited ACN 075 493 444

FILE NUMBER(S) : SC 2103/2009

COUNSEL : M.P.Cleary [Plaintiff] P.G.W. Stitz [Defendant]

SOLICITORS : Berry Buddle Wilkins Lawyers [Plaintiff] Remington & Co Solicitors [Defendant]