In the matter of Domicgra Trading Pty Ltd (No 2) [2016] NSWSC 398

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Domicgra Trading Pty Ltd (No 2) [2016] NSWSC 398 Hearing dates: Decided on the papers Date of orders: 08 April 2016 Decision date: 08 April 2016 Jurisdiction: Equity - Corporations List Before: Robb J Decision: 1. The plaintiff's application for an order that the defendant pay the costs of the plaintiff on the indemnity basis is dismissed. 2. Order the plaintiff to pay the defendant's costs of the plaintiff's application for indemnity costs. Catchwords: PROCEDURE – costs – plaintiff's application for further orders that the defendant pay costs on an indemnity basis – consideration of circumstances where the court will order an unsuccessful defendant on an application to set aside creditor's statutory demand to pay costs on an indemnity basis – whether the defendant's prosecution of its defence involved the degree of delinquency required – HELD considering all circumstances the defendant was entitled to challenge the plaintiff's case that there was a genuine dispute as to the existence of a debt – whether there was a proper Calderbank offer from the plaintiff – HELD one day was insufficient time for defendant to consider offer – HELD offer not limited to settlement of present proceedings – required compromise of entire dispute between parties – HELD plaintiff's application for indemnity costs rejected and plaintiff to pay costs Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: In the matter of Domicgra Trading Pty Ltd [2015] NSWSC 1918 Systems and Management Consultants Pty Ltd v APRA Consulting Pty Ltd [2003] NSWSC 728; (2003) 47 ACSR 100 Category: Costs Parties: Domicgra Trading (plaintiff) M & J Holdings (NSW) Pty Ltd (defendant) Representation: Counsel: P Folino-Gallo (plaintiff) T Bors (defendant)