NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Nauru Phosphate Royalties Trust (Rec & Mgr Apptd) v Wily [2011] NSWSC 281 Hearing dates: 28 March 2011 Decision date: 08 April 2011 Before: Ward J Decision: No order as to costs Catchwords: COSTS - principles in Re Minister for Immigration and Ethnic Affairs: Ex parte Lai Qin (1997) 186 CLR 622 where application resolved by agreement prior to hearing - whether application to pay by instalments was doomed to failure or so unreasonable in the circumstances as to warrant costs order - HELD - parties to bear their own costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: ASC v Aust-Home Investments Ltd (1993) 44 FCR 194 Chint Australasia Pty Ltd v Cosmoluce Pty Ltd [2008] NSWSC 1064 Civil Procedure Act Corporations Act 2001 (Cth) Dean v Stockland Property Management Ltd (No 2) [2010] NSWCA 141 East West Airlines East West Airlines Ltd v Turner (No 2) [2010] NSWCA 159 Hellier Capital Pty Ltd v Richard Albarran [2009] NSWSC 403 Re Minister for Immigration and Ethnic Affairs: Ex parte Lai Qin (1997) 186 CLR 622 Category: Procedural and other rulings Parties: Nauru Phosphate Royalties Trust (Rec & Mgr Appt) (First Plaintiff) Republic of Nauru Finance Corporation (Second Plaintiff) Randwick Nominees Pty Ltd (Rec & Mgr Apptd) (Third Plaintiff) Central Pacific (Downtowner) Pty Ltd (Rec & Mgr Apptd) (Fourth Plaintiff) Spencer Investments Pty Ltd (Rec & Mgr Apptd) (Fifth Plaintiff) Ronsi Business Pty Ltd (Rec & Mgr Apptd) (Sixth Plaintiff) Ronsi Holdings Pty Ltd (Rec & Mgr Apptd) (Seventh Plaintiff) Andrew Hugh Jenner Wily (First Defendant) Business Australia Capital Mortgage Pty Ltd (in liq) (Second Defendant) Business Australia Capital Finance Pty Ltd (in liq) (Third Defendant) Bondedge Pty Ltd (in liq) (Fourth Defendant) Representation: Counsel: J Baird (Plaintiffs/Applicants) P Dowdy (Defendants/Respondents) Solicitors: Henry Davis York (Plaintiffs/Applicants) HWL Ebsworth Lawyers (Defendants/Respondents) File Number(s): 10/408468, 10/408925
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