Resource Equities v Carr Resource Equities v Garrett [2010] NSWSC 44

New South Wales Supreme Court

CITATION : Resource Equities v Carr Resource Equities v Garrett [2010] NSWSC 44 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 4 February 2010 JURISDICTION : Equity Division Commercial List

JUDGMENT OF : McDougall J at 1

EX TEMPORE JUDGMENT DATE : 4 February 2010

DECISION : Judgment and other orders in accordance with the short minutes of order.

CATCHWORDS : COSTS - indemnity costs - whether "relevant delinquency" in conduct of proceedings - where some of claims were manifestly unsustainable - where cross-claimants knowingly fabricated evidence - where pleading of cross-claim extremely unsatisfactory - where unsatisfactory response to request for particulars - orders made - no question of principle.

CATEGORY : Procedural and other rulings

Degmam Pty Ltd (In Liq) v Wright (No. 2) [1983] 2 NSWLR 354 FAI General Insurance Co Ltd v Burns [1996] NSWSC 350 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 CASES CITED : Ingot Capital Investments and Others v Macquarie Equity Capital Markets and Others (No 7) [2008] NSWSC 199 Lahoud v Lahoud [2006] NSWSC 126 Oshlack v Richmond River Council (1987) 193 CLR 72

50214/07 Resource Equities Limited (subject to deed of company Agreement) (Plaintiff) John Hilton Garrett (First Defendant) Louise Mary Garrett (Second Defendant) Richard John Thomas (Third Defendant) Leon Phillip Carr (Fourth Defendant) PARTIES : Nigel Charles Purves (Fifth Defendant) 50205/07 Resource Equities Limited (Subject to deed of company arrangement) (Plaintiff) Leon Phillip Carr (First Defendant) Nigel Charles Purves (Second Defendant) Richard John Thomas (Third Defendant) John Hilton Garrett (Fourth Defendant)