Allardyce Lumber Company Limited and Ors v Quarter Enterprises Pty Limited and Anor (No. 3) [2012] NSWSC 579

Allardyce Lumber Company Limited and Ors v Quarter Enterprises Pty Limited and Anor (No. 3) [2012] NSWSC 579

Although the Applicants' case was not strong and their conduct was less than efficient, there were not clear grounds established for a finding of unreasonableness or relevant delinquency that would warrant indemnity costs. Costs are to be assessed on the ordinary basis.

Parties
Plaintiff/respondent: Allardyce Lumber Company Limited; Plaintiff/respondent: John Henry Howden Beverley; Plaintiff/respondent: Devon George Minchin; Defendant/applicant: Quarter Enterprises Pty Limited; Defendant/applicant: Ronald Harry Gibbs
Jurisdiction
Australia
Judgment Date
01 June 2012
Procedural Posture
Civil / Costs Determination Following Unsuccessful Application to Set Aside Foreign Judgment Registration
Outcome
Applicants to pay Respondents' costs on the ordinary basis; stay previously granted dissolved.
Legal Topics
Costs, Foreign Judgment Registration, Practice and Procedure
Civil Procedure Costs Foreign Judgment Registration Practice and Procedure

Case Brief

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Parties

Allardyce Lumber Company Limited

Plaintiff/respondent

John Henry Howden Beverley

Plaintiff/respondent

Devon George Minchin

Plaintiff/respondent

Quarter Enterprises Pty Limited

Defendant/applicant

Ronald Harry Gibbs

Defendant/applicant

Procedural Posture

Civil / Costs Determination Following Unsuccessful Application to Set Aside Foreign Judgment Registration

Legal Issues

  1. 1 Whether costs should be ordered on an indemnity basis or ordinary basis
  2. 2 Whether the Applicants' conduct amounted to delinquency or unreasonableness justifying indemnity costs

Ratio Decidendi

Although the Applicants' case was not strong and their conduct was less than efficient, there were not clear grounds established for a finding of unreasonableness or relevant delinquency that would warrant indemnity costs. Costs are to be assessed on the ordinary basis.

Court Disposition

Applicants to pay Respondents' costs on the ordinary basis; stay previously granted dissolved.

Orders

  • The Applicants are to pay the Respondents' costs of the Notices of Motion filed 27 September 2010 and 22 July 2011 assessed on the ordinary basis.
  • The stay granted on 4 May 2012 is dissolved.