NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Michael Anthony Luxury Cars Pty Ltd v Connexwire Ltd (No 2) [2019] NSWSC 1188 Decision date: 10 September 2019 Jurisdiction: Common Law Before: Button J Decision: The plaintiff, Connexwire Ltd, must pay the costs of the first and second defendants, Michael Anthony Luxury Cars Pty Ltd and Michael John Anthony, of the application to transfer the proceedings to the Supreme Court of Queensland, on the ordinary basis. Catchwords: COSTS – party/party – general rule that costs follow the event – whether refusal to transfer proceedings to Queensland was unreasonable – whether indemnity costs should be ordered Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Calderbank v Calderbank [1976] Fam 93 Michael Anthony Luxury Cars Pty Ltd v Connexwire Ltd [2019] NSWSC 1084 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 The Owners – Strata Plan 30791 v Southern Cross Constructions (ACT) Pty Ltd (in liq) (No 3) [2019] NSWSC 560 Category: Costs Parties: Connexwire Ltd (Plaintiff) Michael Anthony Luxury Cars Pty Ltd (First Defendant) Michael John Anthony (Second Defendant) Representation: Counsel: M Keene (Plaintiff) J P Lo Schiavo (First and Second Defendants)
Solicitors: BCP Lawyers and Consultants (Plaintiff) Certus Legal (First and Second Defendants) File Number(s): 2019/75937
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