NSW Caselaw
New South Wales Supreme Court
CITATION : Sturesteps v A G McGrath & ors [2010] NSWSC 903
HEARING DATE(S) : 3 June 2010 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 3 June 2010
DECISION : Motion for leave to amend defence be dismissed with costs. Indemnity costs order refused.
CATCHWORDS : CORPORATIONS – Winding up – Winding up in insolvency – (CTH) Corporations Act 2001 s 556 – calculation of employee leave entitlements for the purposes of (CTH) Corporations Act 2001 s 556 – whether the rule in Clayton's case applies to accrual of annual leave – PROCEDURE – Costs – Departing from the general rule – whether costs should be ordered on an indemnity basis
LEGISLATION CITED : (VIC) Long Service Leave Act 1992 s 57
CATEGORY : Consequential orders
Calderbank v Calderbank [1975] All ER 333 CASES CITED : Devaynes v Noble (Clayton's Case) (1816) 35 ER 781 Sturesteps v A G McGrath & Ors [2010] NSW 169
2006/258096 George Osvald Sturesteps (plaintiff) Anthony Gregory McGrath (first defendant) PARTIES : Christopher John Honey (second defendant) HIH Casualty & General Insurance Ltd (in Liq) (third defendant) 2003/82973 HIH Overseas Holdings Ltd (in Liq) (plaintiff) Beryl Donna Sturesteps (defendant)
FILE NUMBER(S) : SC 2006/258096; 2003/082973
2006/258096 COUNSEL : BW Rayment QC w A Metcalfe (plaintiff) ST White SC w RM Foreman (defendants)
2006/258096 SOLICITORS : Benjamin & Khoury (plaintiff) Blake Dawson (defendants)
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