In the matter of Samkev Investments Pty Limited (No 2) [2012] NSWSC 745

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Samkev Investments Pty Limited (No 2) [2012] NSWSC 745 Hearing dates: 1 May 2012 Decision date: 29 June 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Defendant to pay Plaintiff's costs on a party/party basis up to and including the hearing on 1 May 2012. No order for costs after 1 May 2012. Catchwords: COSTS - Indemnity costs - Application for indemnity costs in circumstances where the grounds for which statutory demand was set aside were not identified in earlier correspondence between the parties. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 98, 101, 101(4) - Corporations Act 2001 (Cth) s 459H(1)(a) - Uniform Civil Procedure Rules 2005 (NSW) rr 36.7(1), 42.1, 42.2 Cases Cited: - Advanced Arbor Services Pty Ltd v Phung [2010] NSWSC 158 - Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; 118 ALR 248 - Drummond & Rosen Pty Ltd v Easey (No 2) [2009] NSWCA 331 - Hamod v State of New South Wales [2002] FCAFC 97; (2002) 188 ALR 659 - Hexiva Pty Ltd v Lederer [2006] NSWSC 1259 - In re Samkev Investments Pty Ltd [2012] NSWSC 527 - Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (No 7) [2008] NSWSC 199; (2008) 65 ACSR 324 - Lahoud v Lahoud [2006] NSWSC 126 - Liverpool City Council v Estephan [2009] NSWCA 161 - Ng v Chong [2010] NSWSC 127 - White Constructions (ACT) Pty Ltd (in liq) v G B White [2004] NSWSC 303 - Ying v Song [2011] NSWSC 618 Category: Costs Parties: Samkev Investments Pty Ltd (Plaintiff) Berkley Insurance Company (Defendant) Representation: Counsel: S. Habib SC/S. Maybury (Plaintiff) M. Pesman (Defendant) Solicitors: William Roberts Lawyers (Plaintiff) C.J. Boyd & Co (Defendant) File Number(s): 11/383341