Commonwealth Bank of Australia v Daleport Pty Limited (in receivership) (No 4) [2018] NSWSC 842

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Daleport Pty Limited (in receivership) (No 4) [2018] NSWSC 842 Hearing dates: 1, 11 May 2018 Decision date: 11 May 2018 Jurisdiction: Common Law Before: McCallum J Decision: Plaintiff ordered to pay two thirds of the defendant's costs of the discovery motion including the hearing, such costs to be payable forthwith Catchwords: COSTS – application for payment forthwith – consideration of relevant factors – protracted dispute as to discovery – where refusal to order payment forthwith would stultify defence of bank's claim – whether defence of claim futile – whether payment forthwith should be refused on that basis Cases Cited: Bitannia Pty Ltd v Parkline Constructions Pty Ltd (2006) 67 NSWLR 9; [2006] NSWCA 238 Commonwealth Bank of Australia v Daleport Pty Ltd (in receivership) (No 3) [2017] NSWSC 1584 Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1; [2002] NSWSC 432 HP Mercantile Pty Ltd v Dierickx [2012] NSWSC 1005 Secure Funding Pty Ltd v Stark; Secure Funding Pty Ltd v Conway [2005] NSWSC 223 Category: Costs Parties: Commonwealth Bank of Australia (plaintiff) Daleport Pty Ltd (in receivership) (first defendant) Alexander Raymond Walton (second defendant) Representation: Counsel: T Castle (plaintiff) N Obrart (defendants)

Solicitors: Gadens Lawyers (plaintiff) Ledger Lawyers (defendants) File Number(s): 2008/287869 Publication restriction: None