Hampic Pty Limited ACN 001 670 097 v Cyndan Properties Properties Pty Ltd ACN 072 824 429 [2013] NSWSC 1903

Supreme Court New South Wales

Medium Neutral Citation: Hampic Pty Limited ACN 001 670 097 v Cyndan Properties Properties Pty Ltd ACN 072 824 429 [2013] NSWSC 1903 Hearing dates: 16 December 2013 Decision date: 17 December 2013 Jurisdiction: Equity Division - Corporations List Before: Slattery J Decision: Each party will bear its own costs of these proceedings, including the costs of today. Catchwords: COSTS - defendant leased industrial premises to the plaintiff - defendant issued a statutory demand in relation to lease related invoices - plaintiff wrote to the defendant disputing part of the claim and relying on a cross claim - parties unsuccessfully tried to resolve the dispute by correspondence - on the day the demand was expiring the plaintiff filed originating process to set it aside - defendant then withdrew the statutory demand - whether the defendant should pay the plaintiff's costs or whether each party should bear its own costs - costs discretion when there has been no hearing on the merits - whether the defendant has acted unreasonably - whether the defendant would certainly have failed on its claim. Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Global Mortgage Equity Corporation Pty Ltd v GBW Nominees [2010] NSWSC 153 Re K James Corporations Pty Ltd [2012] NSWSC 602 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Re Niruzzi Pty Ltd [2012] NSWSC 773 Soudan Lane Pty Ltd v Glen Bradshaw t/as Pacific Coast Digital [2007] NSWSC 772 Category: Costs Parties: Plaintiff:- Hampic Pty Limited ACN 001 670 097 Defendant:- Cyndan Properties Properties Pty Ltd ACN 072 824 429 Representation: Counsel: Plaintiff:- C. Mobellan Defendant:- G. Stapleton Solicitors: Plaintiff:- Kate MacDonald, Baron & Associates Defendant:- Norbert Schweizer, Schweizer Kobras File Number(s): 2013/353459 Publication restriction: No