Formequip Pty Ltd v Nahas Construction Pty Ltd acting as Trustee for the Nahas Family Trust [2012] NSWSC 496

Supreme Court New South Wales

Medium Neutral Citation: Formequip Pty Ltd v Nahas Construction Pty Ltd acting as Trustee for the Nahas Family Trust [2012] NSWSC 496 Hearing dates: 23 & 24 April 2012 Decision date: 18 May 2012 Jurisdiction: Equity Division Before: Davies J Decision: I make no order to the intent that each party should bear its own costs. Catchwords: PROCEDURE - costs - conversion and detinue - where proceedings otherwise resolved - whether either party behaved so unreasonably that costs should be ordered against the party - reasonableness of commencing and continuing proceedings - goods returned after proceedings commenced - damages claim abandoned - no cross-claim - both parties unreasonable - no order made. Legislation Cited: Uniform Civil Procedure Rules Cases Cited: Australian Securities Commission v Aust-Home Investments Ltd [1993] FCA 401; (1993) 44 CR 194 Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability and Environment [2010] VSC 513 Colgate Palmolive Co Pty Ltd v Cussons Pty Ltd (1993) 36 FCR 225 Fire Containment Pty Ltd v Robins (No 2) [2011] NSWSC 547 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Nauru Phosphate Royalties Trust (Rec & Mgr Apptd) v Wily [2011] NSWSC 281. Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Wargent v Bellamax Investments [2011] NSWSC 1461 Category: Principal judgment Parties: Formequip Pty Ltd (Plaintiff) Nahas Construction Pty Ltd acting as Trustee for the Nahas Family Trust (Defendant) Representation: Counsel: B DeBuse (Plaintiff) S Benson (Defendant) Solicitors: McGrath Dicembre & Co. (Plaintiff) Grace Lawyers Pty Ltd (Defendant) File Number(s): 2011/99350