NSW Caselaw
New South Wales Supreme Court
CITATION : Rapid Metal Developments (Aust) Pty Ltd v Rildean Pty Ltd (No 4) [2010] NSWSC 165
HEARING DATE(S) : 10 February 2010
JUDGMENT DATE : 9 March 2010
JUDGMENT OF : R A Hulme J
DECISION : Verdict and judgment for the plaintiff against the defendant in the sum of $4,873,504. The defendants are to pay the plaintiff's costs of the proceedings on the ordinary basis save in respect of the costs thrown away as a result of the adjournment of the trial on 3 March 2008 which are to be paid on an indemnity basis. These orders take effect on 10 February 2010 and interest is to run on $3,233,200 at the rate from time to time prescribed in schedule 5 to the Uniform Civil Procedure Rules from and after 10 February 2010 until payment.
CATCHWORDS : PROCEDURE - costs - departing from the general rule - order for costs on indemnity basis - costs thrown away by adjournment of trial when amended defence filed at commencement of trial
LEGISLATION CITED : Civil Procedure Act 2005 Civil Procedure Rules 2005
Chaina v Alvaro Homes Pty Ltd [2008] NSWCA 353 CASES CITED : Rapid Metal Developments (Aust) Pty Ltd v Rildean Pty Ltd [2009] NSWSC 571 Rapid Metal Developments (Aust) Pty Ltd v Rildean Pty Ltd (No 2) [2009] NSWSC 1416 Rapid Metal Developments (Aust) Pty Ltd v Rildean Pty Ltd (No 3) [2010] NSWSC 7
PARTIES : Rapid Metal Developments (Australia) Pty Limited (Plaintiff) Anthony De Vries and Riad Tayeh as joint administrators of Rildean Pty Limited (Defendants)
FILE NUMBER(S) : SC 13806/05
COUNSEL : Mr V R Gray (Plaintiff) Mr M Ashhurst SC with Mr C Bova (Defedants)
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