Allardyce Lumber Company Limited and Ors v Quarter Enterprises Pty Limited and Anor (No. 3) [2012] NSWSC 579

Supreme Court New South Wales

Medium Neutral Citation: Allardyce Lumber Company Limited and Ors v Quarter Enterprises Pty Limited and Anor (No. 3) [2012] NSWSC 579 Hearing dates: On written submissions Decision date: 01 June 2012 Jurisdiction: Common Law Before: Johnson J Decision: 1. The Applicants are to pay the Respondents' costs of the Notices of Motion filed 27 September 2010 and 22 July 2011 assessed on the ordinary basis. 2. The stay granted on 4 May 2012 is dissolved. Catchwords: PRACTICE AND PROCEDURE - costs - unsuccessful application to set aside registration of judgment under Foreign Judgments Act 1991 (Cth) - application for costs on indemnity basis - whether relevant delinquency or unreasonableness - whether failure to comply with s.56 Civil Procedure Act 2005 - application to set aside not hopeless - proceedings not conducted efficiently by unsuccessful party - however delinquency or unreasonableness not established - costs to be assessed on ordinary basis Legislation Cited: Foreign Judgments Act 1991 (Cth) Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Allardyce Lumber Company Limited and Ors v Quarter Enterprises Pty Limited and Anor (No. 2) [2012] NSWSC 438 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Calderbank v Calderbank [1974] All ER 333 Harrison v Schipp [2001] NSWCA 13 White Constructions (ACT) Pty Limited (in liquidation) v White and Ors [2004] NSWSC 303 Chaina v Alvaro Homes Pty Limited [2008] NSWCA 353 Category: Costs Parties: Allardyce Lumber Company Limited, John Henry Howden Beverley and Devon George Minchin (Plaintiffs/Respondents) Quarter Enterprises Pty Limited and Ronald Harry Gibbs (Defendants/Applicants) Representation: Mr F Assaf (Plaintiffs/Respondents) Mr PE King (Defendants/Applicants) Jackson Lalic Lawyers Pty Limited (Plaintiffs/Respondents) Hayes Partners (Defendants/Applicants) File Number(s): 2010/54251