Yarrowie Pastoral Company Pty Limited v Bendall [2011] NSWSC 897

Supreme Court New South Wales

Medium Neutral Citation: Yarrowie Pastoral Company Pty Limited v Bendall [2011] NSWSC 897 Hearing dates: 25 July 2011 Decision date: 25 July 2011 Jurisdiction: Equity Division - Corporations List Before: White J Decision: 1.Order that the defendant pay two thirds of the plaintiff's costs on the ordinary basis. 2.The exhibits may be returned. Catchwords: CORPORATIONS - costs - application to set aside statutory demand - where orders made by consent setting statutory demand aside - prima facie position that a successful party is entitled to its costs is not displaced merely because the opposite but unsuccessful party to the litigation has acted reasonably - where plaintiffs asserted basis for off-setting claim in further affidavits not clearly raised in supporting affidavit - had basis for off-setting claim been clearly raised in supporting affidavit case would not have been further defended - plaintiff not entitled the whole of its costs - defendant ordered to pay two thirds of the plaintiff's costs on the ordinary basis Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Legal Profession Act 2004 Cases Cited: Re Minister for Immigration & Ethnic Affairs (Cth); Ex Parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 ONE.TEL Ltd v Commissioner of Taxation [2000] FCA 270; (2000) 101 FCR 548 Category: Costs Parties: Yarrowie Pastoral Company Pty Ltd (Plaintiff) Wayne Charles Bendall (Defendant) Representation: F Austin (Plaintiff) T Lynch (Defendant) McGirr James Hall & Associates (Plaintiff) Wyndham Prem (Defendant) File Number(s): 2011/123487