In the matter of Rajlaw Pty Ltd [2014] NSWSC 219

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Rajlaw Pty Ltd [2014] NSWSC 219 Hearing dates: 25 February 2014 Decision date: 25 February 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made for the defendant to pay the costs of the plaintiff on an indemnity basis when statutory demand set aside by consent. Catchwords: PROCEDURE - costs - general rule costs follow the event - exception to general rule that costs orders will not be made where no hearing on merits of case - where parties have consented that statutory demand should be set aside - where defendant accepts that costs should be paid on ordinary basis - where related proceedings had been commenced - whether order for costs should be stayed. PROCEDURE - costs - departing from the general rule - orders sought for further costs on indemnity basis - where defendant acted unreasonably in serving statutory demand in circumstances where there was a genuine dispute - where demand was withdrawn immediately before hearing - whether order for indemnity costs should be made. Legislation Cited: - Corporations Act 2001 (Cth) ss 459H, 459N Cases Cited: - CGI Information Systems and Management Consultants Pty Ltd v APRA Consulting Pty Ltd [2003] NSWSC 728; (2003) 47 ACSR 100 - Colgate-Palmolive Company v Cussons Pty Ltd [1993] FCA 801; (1993) 46 FCR 225; 118 ALR 248 - Hamod v State of New South Wales [2002] FCAFC 97; (2002) 188 ALR 659 - Lahoud v Lahoud [2006] NSWSC 126 - Ng v Chong [2010] NSWSC 127 - Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 - Soudan Lane Pty Ltd v Glen Bradshaw t/as as Pacific Coast Digital [2007] NSWSC 772 - White Constructions (ACT) Pty Ltd (in liq) v White [2004] NSWSC 303 Category: Interlocutory applications Parties: Rajlaw Pty Ltd (Plaintiff) Rajlaw NSW Pty Ltd (Defendant) Representation: Counsel: M R Elliott (Plaintiff) D Low (Solicitor - Defendant) Solicitors: Horton Rhodes (Plaintiff) Veritas Legal (Defendant) File Number(s): 2013/299403