Tuheta Pty Ltd v Ehrenfeld [2010] NSWSC 799

New South Wales Supreme Court

CITATION : Tuheta Pty Ltd v Ehrenfeld [2010] NSWSC 799

HEARING DATE(S) : 16/07/10

JUDGMENT DATE : 16 July 2010

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

EX TEMPORE JUDGMENT DATE : 16 July 2010

1. Order that the statutory demand dated 16 March 2010 served on the plaintiff by the defendant be varied by reducing the amount thereof to $183,000 and that that demand has effect as so varied as from when the demand was served on the plaintiff. DECISION : 2. Order that the defendant pay the plaintiff's costs of the proceedings from and after 4pm on 14 July 2010 and that those costs be assessed on the indemnity basis. 3. Otherwise, there is no order as to the costs of either party to the intent that each party shall bear his or its own costs. 4. I decline to make the order sought under s 459F(2)(a)(i).

CATCHWORDS : PROCEDURE - costs - proceedings by company for order setting aside statutory demand - agreed at hearing that statutory demand should stand but for reduced amount - two offers of settlement - whether non-acceptance was unreasonable - in one case "no", in the other "yes" - various costs orders made

LEGISLATION CITED : Corporations Act 2001 (Cth), ss 459F(2)(a)(i), 459G, 459H(4), Uniform Civil Procedure Rules 2005, rule 20.26

CATEGORY : Principal judgment

Calderbank v Calderbank [1976] Fam 93 CASES CITED : Dean v Stockland Property Management Pty Limited (No 2) [2010] NSWCA 141 Trustee for the Salvation Army (NSW) Property Trust v Becker (No 2) [2007] NSWCA 194