NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Invigor Group Limited (No 3) [2019] NSWSC 1193 Hearing dates: On the papers Decision date: 10 September 2019 Before: Rees J Decision: Indemnity costs ordered and fixed in a gross sum: see [30] Catchwords: COSTS — Application for indemnity costs — Where application to set aside statutory demand without merit — Where defendant averted to weakness of plaintiff's claim in correspondence before proceedings commenced — Where plaintiff reserved right to claim imdemnity costs — Application audacious and without proper basis — Appropriate to order costs on the indemnity basis.
COSTS — Application to fix costs in a gross sum — Summary application — Amount in issue relatively small — Where plaintiff may be unable to pay costs — Order fixing indemnity costs in a gross sum. Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Cases Cited: Baulderstone Hornibrook Engineering (No 2) v Gordian Runoff Limited [2009] NSWCA 12 Baychek v Baychek [2010] NSWSC 987 citing Hadid v Lenfest Communications Inc [2000] FCA 628 Dunstan v Human Rights and Equal Opportunity Commission (No 3) [2006] FCA 916 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397; [1998] FCA 202 Hamod v State of New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Idoport Pty Limited v National Australia Bank Limited [2007] NSWSC 23 In the matter of GTH Equipment Pty Ltd [2017] NSWSC 1816 In the matter of Indoor Climate Technologies Pty Ltd [2019] NSWSC 356 In the matter of Invigor Group Limited [2019] NSWSC 995 In the matter of Invigor Group Limited (No 2) [2019] NSWSC 1192 Sony Entertainment (Australia) Ltd v Smith (2005) 215 ALR 788; [2005] FCA 228 Sparnon v Apand Pty Ltd [1998] FCA 164 Category: Costs Parties: Invigor Group Limited (Plaintiff) Raus Capital Fund Limited (Defendant) Representation: Counsel: Mr GD McDonald (Plaintiff) Mr P Afshar (Defendant)
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