68 Bathurst Street Pty Ltd v NV Legal Pty Ltd trading as NV Lawyers [2009] NSWSC 1145

There is a serious question to be tried as to the identity of the liable party under the costs agreement; the balance of convenience favours staying the costs assessment pending clarification.

Jurisdiction: Australia
Judgment Date: 27 October 2009
Procedural Posture: Equity Division Corporations List / Interlocutory Application to Stay Costs Assessment
Outcome: Interlocutory stay of costs assessment proceedings granted until further order.
Legal Topics: ['assessment of Legal Costs' 'costs Agreements' 'corporate Liquidation']

['civil Procedure' 'corporations Law'] ['assessment of Legal Costs' 'costs Agreements' 'corporate Liquidation']

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Procedural Posture

Equity Division Corporations List / Interlocutory Application to Stay Costs Assessment

Legal Issues

1 ['Whether costs agreement was with plaintiff companies or provisional liquidator' 'Whether plaintiffs are liable for costs claimed by NV Legal Pty Ltd' 'Whether Mr Moodie had right of indemnity from companies']

Ratio Decidendi

There is a serious question to be tried as to the identity of the liable party under the costs agreement; the balance of convenience favours staying the costs assessment pending clarification.

Court Disposition

Interlocutory stay of costs assessment proceedings granted until further order.

Orders

["Costs assessment proceedings 2009/00197353 stayed until further order upon plaintiffs' undertaking as to damages." 'Plaintiffs to file and serve any further evidence by 2 November 2009.' 'Defendants to file and serve any further evidence by 27 November 2009.' 'Matter listed before Registrar on 30 November 2009 for...