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

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

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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

  1. 1 Whether the plaintiffs are entitled to costs of the interlocutory application
  2. 2 Whether costs should be payable forthwith
  3. 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.