NSW Caselaw
New South Wales Supreme Court
CITATION : Takchi Bros Constructions Pty Ltd v Woods [2010] NSWSC 115
HEARING DATE(S) : 11/02/10
JUDGMENT DATE : 24 February 2010
JURISDICTION : Equity
JUDGMENT OF : White J
DECISION : Order that the defendant pay the plaintiff's costs of the proceedings on the ordinary basis.
CATCHWORDS : PROCEDURE - costs - order setting aside statutory demand by consent or without opposition - defendant sought no order as to costs after filing of submitting appearance - plaintiff sought indemnity costs from date of settlement offer rejected by defendant - prima facie position that costs follow the event not displaced - defendant to pay plaintiff's costs on ordinary basis
Legal Profession Act 1987 LEGISLATION CITED : Legal Profession Act 2004 Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth)
CATEGORY : Procedural and other rulings
Re Elgar Heights Pty Ltd (No 1) [1985] VR 657 Remuneration Data Base Pty Ltd v Pauline Goodyer Real Estate Pty Ltd [2007] NSWSC 59 Callite Pty Ltd v Peter John Adams [2001] NSWSC 52 CASES CITED : Sanders v Constantine [2006] NSWSC 534 April Fine Paper Macao Commercial Offshore Ltd v Moore Business Systems Australia Ltd [2009] NSWSC 867 Develtor Property Group Pty Ltd v Newcastle City Council [2001] NSWLEC 47 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622 Trust Company of Australia Ltd v Perpetual Trustees (WA) Ltd (No P2) (1995) 36 NSWLR 654
TEXTS CITED : LexisNexis, Ritchie's Uniform Civil Procedure NSW
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