NSW Caselaw
New South Wales Supreme Court
CITATION : 68 Bathurst Street Pty Ltd & Ors v NV Legal Pty Ltd & Ors [2010] NSWSC 292
HEARING DATE(S) : 25 March 2010
JUDGMENT DATE : 25 March 2010
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Palmer J
EX TEMPORE JUDGMENT DATE : 25 March 2010
DECISION : Declaration that Plaintiffs not liable to pay solicitors' costs.
CATCHWORDS : CORPORATIONS – PROVISIONAL LIQUIDATION – COSTS – whether costs agreement between provisional liquidator and solicitors subject to oral conditions – whether conditions unfulfilled – whether solicitors' costs payable by anyone.
CATEGORY : Principal judgment
68 Bathurst Street Pty Ltd (First Plaintiff) 70 Bathurst Street Pty Ltd (Second Plaintiff) 72-74 Bathurst Pty Ltd (Third Plaintiff) Blue Mountains Helicopters Pty Ltd (Fourth Plaintiff) Chobe Pty Ltd (Fifth Plaintiff) PARTIES : McInnes Perpetual Pty Ltd (Sixth Plaintiff) Volwave Pty Ltd (Seventh Plaintiff) Australian Barter Currency Exchange Pty Ltd (Eighth Plaintiff) NV Legal Pty Ltd (First Defendant) Robert Boyce Moodie (Second Defendant) Rodgers Reidy (NSW) Pty Ltd (Third Defendant) Gino Robert Cassaniti (Fourth Defendant)
FILE NUMBER(S) : SC 2009/290976
D.A. Allen (Plaintiffs) COUNSEL : J.T. Johnson (First Defendant) F.G. Lever SC (Second and Third Defendants)
Proctor & Associates (Plaintiff) SOLICITORS : NV Lawyers (First Defendant) Wyndham Prem Commercial Lawyers (Second and Third Defendants)
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