NSW Caselaw
New South Wales Supreme Court
CITATION : 68 Bathurst Street Pty Ltd v NV Legal Pty Ltd trading as NV Lawyers [2009] NSWSC 1145
HEARING DATE(S) : 26/10/09
JUDGMENT DATE : 27 October 2009
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Interlocutory order staying costs assessment until further order.
CATCHWORDS : PROCEDURE - costs - assessment of costs - application by law practice for assessment against companies - serious question to be tried as to whether costs agreement with companies or with their provisional liquidator - consideration of balance of convenience
LEGISLATION CITED : Legal Profession Act 2004, ss 352, 356, 358, 359, 368(5) Uniform Civil Procedure Rules 2005, rule 35.9(c) Practice Note SC Gen 4, paragraph 8, dot point 4
CATEGORY : Principal judgment
68 Bathurst Street Pty Ltd - First Plaintiff 70 Bathurst Street Pty Ltd - Second Plaintiff 72-74 Bathurst Street Pty Ltd - Third Plaintiff Blue Mountains Helicopters Pty Ltd - Fourth Plaintiff Chobe Pty Ltd, ACN 080 731 219 - Fifth Plaintiff PARTIES : McInnes Perpetual Pty Ltd - Sixth Plaintiff Australian Barter Currency Exchange Pty Ltd - Eighth Plaintiff NV Legal Pty Ltd trading as NV Lawyers - First Defendant Robert Boyce Moodie - Second Defendant Rodgers Reidy (NSW) Pty Ltd trading as Rodgers Reidy - Third Defendant Gino Robert Cassaniti - Fourth Defendant
FILE NUMBER(S) : SC 4918/09
Mr D A Allen - Plaintiffs - Mentions Second and Third Defendants COUNSEL : Mr J T Johnson - First Defendant Fourth Defendant in person
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