A J Richardson Properties Pty Ltd v Segboer [2009] NSWSC 576

A J Richardson Properties Pty Ltd v Segboer [2009] NSWSC 576

Indemnity costs ordered as defendants served and persisted with statutory demand despite knowledge of substantial offsetting claim and failed to promptly notify submitting appearance, causing unnecessary costs to plaintiff.

Jurisdiction
Australia
Judgment Date
15 June 2009
Procedural Posture
Application to Set Aside Statutory Demand / Costs Determination Following Order Setting Aside Statutory Demand
Outcome
Plaintiff's costs of the proceedings to be paid by defendant on indemnity basis
Legal Topics
['statutory Demand' 'indemnity Costs' 'security of Payment']
['corporate Law' 'building and Construction'] ['statutory Demand' 'indemnity Costs' 'security of Payment']

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Procedural Posture

Application to Set Aside Statutory Demand / Costs Determination Following Order Setting Aside Statutory Demand

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded after statutory demand was set aside' "Whether defendants' conduct in issuing and not withdrawing statutory demand was improper"]

Ratio Decidendi

Indemnity costs ordered as defendants served and persisted with statutory demand despite knowledge of substantial offsetting claim and failed to promptly notify submitting appearance, causing unnecessary costs to plaintiff.

Court Disposition

Plaintiff's costs of the proceedings to be paid by defendant on indemnity basis

Orders

  • ["Plaintiff's costs of the proceeding be paid by the defendants on the indemnity basis"]