In the matter of Liquor National Pty Ltd, Wine National Pty Ltd, Sundara Pty Ltd, Killara 10 Pty Ltd, James Estate Wines Pty Ltd, Print National Pty Ltd, Print National Australia Pty Ltd [2014] NSWSC 1896
Having achieved legal and practical success in the interlocutory application, the receivers are entitled to their costs, payable forthwith, as no good reason exists to depart from the general rule that costs follow the event.
- Parties
- Applicant/plaintiff: Neil Robert Cussen; Applicant/plaintiff: Vaughan Neil Strawbridge; Applicant/plaintiff: Liquor National Pty Ltd; Applicant/plaintiff: Wine National Pty Ltd; Applicant/plaintiff: Sundara Pty Ltd; Applicant/plaintiff: Killara 10 Pty Ltd; Applicant/plaintiff: James Estate Wines Pty Ltd; Applicant/plaintiff: Print National Pty Ltd; Applicant/plaintiff: Print National Australia Pty Ltd; Respondent/defendant: David Anthony James
- Jurisdiction
- Australia
- Judgment Date
- 29 October 2014
- Procedural Posture
- Interlocutory Application / Post Hearing Costs Order
- Outcome
- Order made for respondent to pay costs of and incidental to interlocutory process, as agreed or as assessed, such costs to be paid forthwith.
- Legal Topics
- Costs, Discovery of Documents, Receivership
Case Brief
Summary, issues, holding and outcome
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Parties
Neil Robert Cussen
Applicant/plaintiff
Vaughan Neil Strawbridge
Applicant/plaintiff
Liquor National Pty Ltd
Applicant/plaintiff
Wine National Pty Ltd
Applicant/plaintiff
Sundara Pty Ltd
Applicant/plaintiff
Killara 10 Pty Ltd
Applicant/plaintiff
James Estate Wines Pty Ltd
Applicant/plaintiff
Print National Pty Ltd
Applicant/plaintiff
Print National Australia Pty Ltd
Applicant/plaintiff
David Anthony James
Respondent/defendant
Procedural Posture
Interlocutory Application / Post Hearing Costs Order
Legal Issues
- 1 Whether the plaintiffs are entitled to costs of the interlocutory application
- 2 Whether costs should be payable forthwith
- 3 Whether any reason exists to depart from the general rule that costs follow the event
Ratio Decidendi
Having achieved legal and practical success in the interlocutory application, the receivers are entitled to their costs, payable forthwith, as no good reason exists to depart from the general rule that costs follow the event.
Court Disposition
Order made for respondent to pay costs of and incidental to interlocutory process, as agreed or as assessed, such costs to be paid forthwith.
Orders
- The respondent, Mr David James, pay the costs of and incidental to the interlocutory process filed on 3 October 2014, as agreed or assessed, such costs to be paid forthwith.
Full Case Text
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