Integrated Asset Management Pty Ltd v Trans Communications Pty Ltd (No 2) [2015] NSWSC 1690

Supreme Court New South Wales

Medium Neutral Citation: Integrated Asset Management Pty Ltd v Trans Communications Pty Ltd (No 2) [2015] NSWSC 1690 Hearing dates: Written submissions Date of orders: 12 November 2015 Decision date: 12 November 2015 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Appeal allowed. 2. An order pursuant to s41 (1)(b) of the Local Court Act 2007 setting aside the judgment made in favour of the First and Second Defendants on 9 May 2014 by the Local Court of New South Wales in proceedings Number 2012/00286088. 3. An order pursuant to s41 (1)(b) of the Local Court Act 2007 setting aside the costs order made on 9 May 2014 by the Local Court of New South Wales in proceedings Number 2012/00286088. 4. A verdict and judgment in favour of the Plaintiff against the First and Second Defendants in the amount of $23,479.60. 5. An order that the First and Second Defendants pay the Plaintiff interest on the judgment amount from 19 December 2012 pursuant to section 100 of the Civil Procedure Act 2005. 6. An order that the First and Second Defendants pay the Plaintiff's costs of the Local Court Proceedings Number 2012/00286088 on a party/party basis up to and including 16 April 2013 and thereafter on an indemnity basis. 7. An order that the First and Second Defendants pay the Plaintiff's costs of this Appeal on a party/party basis. Catchwords: PROCEDURE - costs –Suitors' Fund Act 1951 – whether the defendants should have a certificate under the Suitors' Fund Act 1951 (NSW) - whether an order should be made in favour of the defendants as to the costs of a notice to admit facts and a notice to admit authenticity of documents – refused – orders otherwise in terms agreed Legislation Cited: Civil Procedure Act 2005 (NSW) Local Courts Act 2007 (NSW) Suitors' Fund Act 1951 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Gurnett v The Macquarie Stevedoring Co Pty Ltd (No 2) [1956] HCA 29; (1956) 95 CLR 106 Integrated Asset Management Pty Ltd v Trans Communications Pty Ltd [2015] NSWSC 984 Mir Bros Developments Pty Ltd v Atlantic Constructions Pty Ltd (1985) 1 NSWLR 491 Category: Costs Parties: Integrated Asset Management Pty Ltd ACN 087 604 948 (Plaintiff) Trans Communication Pty Ltd ACN 099 104 462 (First Defendant) John Peter Van Rooyen (Second Defendant) Representation: Counsel: Mr P Aquilina (Plaintiff) Mr S Fisher (Defendant)