In the matter of Scahill & Co Pty Limited [2016] NSWSC 712

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Scahill & Co Pty Limited [2016] NSWSC 712 Hearing dates: 19 April 2016 Decision date: 03 June 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that Plaintiff's application for indemnity costs in respect of the substantive application to set aside creditor's statutory demand be dismissed. Plaintiff to pay Defendant's costs of and incidental to Plaintiff's application for indemnity costs. Catchwords: PROCEDURE — Costs — Order sought for costs on indemnity basis — where plaintiff was successful in substantive application to set aside creditor's statutory demand – where plaintiff sought indemnity costs on basis of defendant's rejection of purported Calderbank letter – where purported Calderbank letter did not specify the basis on which the debt specified in the creditor's statutory demand was genuinely disputed – whether Court should order indemnity costs. Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98 Cases Cited: - Calderbank v Calderbank [1975] 3 All ER 333 - CGI Information Systems and Management Consultants Pty Ltd v APRA Consulting Pty Ltd [2003] NSWSC 728; (2003) 47 ACSR 100 - Professional Advantage Pty Ltd v Australian Broadcasting Commission [2007] NSWSC 607 - R2M Pty Ltd v Gourlay [2011] FCA 168 - Re Alsafe Security Products Pty Ltd atf the Alsafe Trust (in liq) [2016] NSWSC 575 - Re Suters Holdings Pty Ltd [2012] NSWSC 1051 - Soudan Lane Pty Ltd v Glen Bradshaw t/as Pacific Coast Digital [2007] NSWSC 772 Category: Costs Parties: Scahill & Co Pty Limited (Plaintiff) Armacor Pty Limited (Defendant) Representation: Counsel: E Peden (Plaintiff) J Sleight (Defendant)