In the matter of Nahas Construction Pty Limited [2012] NSWSC 797

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Nahas Construction Pty Limited [2012] NSWSC 797 Hearing dates: 14 June 2012 Decision date: 14 June 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Originating Process dismissed. No order as to costs. Catchwords: COSTS - Indemnity costs - Uniform Civil Procedure Rules 2005 (NSW) r 42.1 - Costs follow the event - Whether some other order should be made as to the whole or any part of the costs. Legislation Cited: - Civil Procedure Act 2005 (NSW) s 98 - Corporations Act 2001 (Cth) ss 459C, 459E, 459F, 459G, 459P, 459Q, 1324 - Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: - David Grant & Co Pty Ltd v Westpac Banking Corporation [1995] HCA 43; (1995) 184 CLR 265 - RH Mortgage Corporation Ltd v Kerry Ann Properties Pty Ltd [2011] NSWSC 298 - Lake Burrendong State Park Trust v Thompson [2011] NSWSC 1554 - Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Category: Costs Parties: Nahas Construction Pty Ltd (Plaintiff) Nu-Glass & Glazing Pty Limited (in liquidation) (First Defendant) Michael John Morris Smith (in his capacity as liquidator of Nu-Glass & Glazing Pty Limited) (Second Defendant) Representation: Counsel: L. Pozniak (sol.) (Plaintiff) R.D. Marshall (First Defendant) Solicitors: Landerer & Company (Plaintiff) Dibbs Barker (First Defendant) Dibbs Barker (Second Defendant) File Number(s): 12/83362