Traderight (NSW) Pty Ltd (ACN 108 880 968) & Ors v Bank Of Queensland Limited (ACN 009 656 740) (No 18) and 13 related matters [2014] NSWSC 733

Traderight (NSW) Pty Ltd (ACN 108 880 968) & Ors v Bank Of Queensland Limited (ACN 009 656 740) (No 18) and 13 related matters [2014] NSWSC 733

Leave granted to Rossmick No 2 to reopen, but no reduction in judgment as Bank entitled to proceeds from asset sale under contract. Costs: No special costs order for issues where Bank was unsuccessful; costs follow the event given complexity and conduct of OMB Parties. No indemnity costs as contractual provisions not triggered by nature of claims. Partial costs order for Bank to pay OMB Parties' costs of unnecessary transferred constitutional proceedings. Stay: only short stay of possession orders granted to enable OMB Parties to prepare evidence for a longer stay; no stay on monetary judgments.

Jurisdiction
Australia
Judgment Date
06 June 2014
Procedural Posture
Civil / Interlocutory Post Judgment (costs, Application to Reopen, Stay Pending Appeal)
Outcome
Directions given; partial orders made as per paragraph 65; substantive monetary and possession orders to be finalised after short minutes and some stays granted.
Legal Topics
['application to Reopen Judgment' 'stay Pending Appeal' 'costs Orders' 'indemnity Costs' 'issues Based Costs' 'construction of Contractual Costs Clauses']
['procedure' 'costs'] ['application to Reopen Judgment' 'stay Pending Appeal' 'costs Orders' 'indemnity Costs' 'issues Based Costs' 'construction of Contractual Costs Clauses']

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Procedural Posture

Civil / Interlocutory Post Judgment (costs, Application to Reopen, Stay Pending Appeal)

Legal Issues

  1. 1 ['Whether leave should be granted to reopen judgment for Rossmick No 2 to argue set-off from proceeds received by Bank from asset sale' 'Proper costs orders: whether any party should be deprived of or receive costs for particular issues' 'Whether Bank has contractual entitlement to indemnity costs' 'Whether a stay pending appeal should be granted']

Ratio Decidendi

Leave granted to Rossmick No 2 to reopen, but no reduction in judgment as Bank entitled to proceeds from asset sale under contract. Costs: No special costs order for issues where Bank was unsuccessful; costs follow the event given complexity and conduct of OMB Parties. No indemnity costs as contractual provisions not triggered by nature of claims. Partial costs order for Bank to pay OMB Parties' costs of unnecessary transferred constitutional proceedings. Stay: only short stay of possession orders granted to enable OMB Parties to prepare evidence for a longer stay; no stay on monetary judgments.

Court Disposition

Directions given; partial orders made as per paragraph 65; substantive monetary and possession orders to be finalised after short minutes and some stays granted.

Orders

  • ['Bank to serve amended proposed short minutes of order by 4.00 pm 13 June 2014.' 'Matter stood over to 20 June 2014 for judgment.' 'Liberty to parties to remove matter from list if OMB Parties notify by 4.00 pm 19 June 2014 that proposed orders give effect to judgment.' 'Stay on orders for possession until 11 July...