In the matter of Anvil Build Pty Ltd [2022] NSWSC 1182

In the matter of Anvil Build Pty Ltd [2022] NSWSC 1182

There was no persuasive basis for departing from the usual rule that costs follow the event since the defendant maintained its demand after being made aware of the off-setting claim and failed to comply with court directions.

Parties
Plaintiff: Anvil Build Pty Ltd; Defendant: Dynabuild Project Services Pty Ltd
Jurisdiction
Australia
Judgment Date
02 September 2022
Procedural Posture
Corporations Statutory Demand (setting Aside) / Costs Decision Following Resolution of Main Relief
Outcome
Statutory demand set aside. Defendant to pay plaintiff's costs.
Legal Topics
Statutory Demand, Setting Aside Statutory Demand, Costs
Corporations Law Civil Procedure Statutory Demand Setting Aside Statutory Demand Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Anvil Build Pty Ltd

Plaintiff

Dynabuild Project Services Pty Ltd

Defendant

Procedural Posture

Corporations Statutory Demand (setting Aside) / Costs Decision Following Resolution of Main Relief

Legal Issues

  1. 1 Whether the statutory demand should be set aside
  2. 2 Who should bear the costs of the proceedings

Ratio Decidendi

There was no persuasive basis for departing from the usual rule that costs follow the event since the defendant maintained its demand after being made aware of the off-setting claim and failed to comply with court directions.

Court Disposition

Statutory demand set aside. Defendant to pay plaintiff's costs.

Orders

  • The defendant's statutory demand served on the plaintiff on 30 May 2022 is set aside.
  • The defendant is to pay the plaintiff's costs of the proceedings.