NSW Caselaw
New South Wales Supreme Court
CITATION : Wharfside Pty Ltd v McCormick [2010] NSWSC 398
HEARING DATE(S) : 12/04/10 Written submissions: 13/04/10, 23/04/10
JUDGMENT DATE : 6 May 2010
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Application for order for assessment of costs on the indemnity basis dismissed.
CATCHWORDS : PROCEDURE - costs - indemnity costs - compromise on basis that defendants pay plaintiff's costs - application by plaintiff for order that such costs be assessed on the indemnity basis - plaintiff says that defendants should have recognised the hopelessness of their case - conclusion on "relevant delinquency" available only by full assessment of the facts - not appropriate to try now hypothetical case merely to decide question of costs
Corporations Act 2001 (Cth), ss 459G, 459H(1)(a), 459H(1)(b) LEGISLATION CITED : Legal Profession Act 2004 (NSW), s 331 Legal Profession Act 2007 (Qld) , s 329 Trade Practices Act 1974 (Cth), s 52
CATEGORY : Consequential orders
Austrac Rail Pty Ltd v Hunter Premium Funding Ltd [2001] NSWSC 654 Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 Carinda Homes Pty Ltd v Highlands Austral Pty Ltd [2003] FCA 275 CASES CITED : CGI Information Systems & Management Consultants Pty Ltd v APRA Consulting Pty Ltd [2003] NSWSC 728; (2003) 47 ACSR 100 Galaxy Resources Ltd v Arrinooka Pty Ltd [2002] WASC 70 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622
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