Bamburgh Holdings Pty Ltd v Kennedy [2011] NSWSC 792

Bamburgh Holdings Pty Ltd v Kennedy [2011] NSWSC 792

Costs were awarded to Bamburgh from 17 March 2011 because after paying the undisputed amount claimed in the Demand, the plaintiff was required to proceed with the application to set aside the statutory demand, and the defendant failed to withdraw the Demand, necessitating further legal action despite the admitted debt having already been satisfied.

Parties
Plaintiff: Bamburgh Holdings Pty Ltd; Defendant: Peter Kennedy
Jurisdiction
Australia
Judgment Date
27 July 2011
Procedural Posture
Application to Set Aside Statutory Demand / Ruling on Costs Following Consent Orders
Outcome
The Defendant is ordered to pay the Plaintiff's costs of and incidental to the application to set aside the statutory demand incurred on and from 17 March 2011, as agreed or as assessed.
Legal Topics
Statutory Demands, Costs of Proceedings, Employment Termination
Corporations Law Civil Procedure Statutory Demands Costs of Proceedings Employment Termination

Case Brief

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Parties

Bamburgh Holdings Pty Ltd

Plaintiff

Peter Kennedy

Defendant

Procedural Posture

Application to Set Aside Statutory Demand / Ruling on Costs Following Consent Orders

Legal Issues

  1. 1 Whether the defendant should pay the plaintiff's costs of the application to set aside the statutory demand after the defendant consented to the demand being set aside

Ratio Decidendi

Costs were awarded to Bamburgh from 17 March 2011 because after paying the undisputed amount claimed in the Demand, the plaintiff was required to proceed with the application to set aside the statutory demand, and the defendant failed to withdraw the Demand, necessitating further legal action despite the admitted debt having already been satisfied.

Court Disposition

The Defendant is ordered to pay the Plaintiff's costs of and incidental to the application to set aside the statutory demand incurred on and from 17 March 2011, as agreed or as assessed.

Orders

  • The Defendant pay the costs of and incidental to the application to set aside the statutory demand dated 25 February 2011 incurred on and from 17 March 2011, as agreed or as assessed.