Bowen Energy Limited v 2KD Drilling Pty Limited [2009] FCA 796

Bowen Energy Limited v 2KD Drilling Pty Limited [2009] FCA 796

The plaintiff having succeeded in obtaining an order to set aside the statutory demand is entitled to its costs, but not to indemnity costs; the costs issue does not depend on the merits of the underlying substantive dispute.

Jurisdiction
Australia
Judgment Date
30 July 2009
Procedural Posture
Application to Set Aside Statutory Demand / Post Hearing, Costs Determination
Outcome
Costs awarded to plaintiff, indemnity costs refused.
Legal Topics
['statutory Demand' 'costs']
['corporations Law'] ['statutory Demand' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application to Set Aside Statutory Demand / Post Hearing, Costs Determination

Legal Issues

  1. 1 ["Whether the defendant should pay the plaintiff's costs after statutory demand set aside by consent"]

Ratio Decidendi

The plaintiff having succeeded in obtaining an order to set aside the statutory demand is entitled to its costs, but not to indemnity costs; the costs issue does not depend on the merits of the underlying substantive dispute.

Court Disposition

Costs awarded to plaintiff, indemnity costs refused.

Orders

  • ["The defendant pay the plaintiff's costs of this proceeding."]