Condor Asset Management Ltd v Excelsior Eastern Ltd - Costs [2006] NSWSC 510

Condor Asset Management Ltd v Excelsior Eastern Ltd - Costs [2006] NSWSC 510

The defendant, having unreasonably persisted with a defective statutory demand and failed to provide particulars when requested, should pay the plaintiff's costs on the indemnity basis. There is insufficient evidence to order the defendant's solicitor to pay costs personally.

Jurisdiction
Australia
Judgment Date
29 May 2006
Procedural Posture
Corporations Statutory Demand / Judgment on Costs Following Order Setting Aside Statutory Demand
Outcome
Defendant to pay the plaintiff's costs assessed on the indemnity basis.
Legal Topics
['costs' 'statutory Demand' 'indemnity Costs']
['civil Procedure' 'corporations Law'] ['costs' 'statutory Demand' 'indemnity Costs']

Case Brief

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Procedural Posture

Corporations Statutory Demand / Judgment on Costs Following Order Setting Aside Statutory Demand

Legal Issues

  1. 1 ['Whether costs should be assessed on the indemnity basis' "Whether the defendant's solicitor should personally pay costs"]

Ratio Decidendi

The defendant, having unreasonably persisted with a defective statutory demand and failed to provide particulars when requested, should pay the plaintiff's costs on the indemnity basis. There is insufficient evidence to order the defendant's solicitor to pay costs personally.

Court Disposition

Defendant to pay the plaintiff's costs assessed on the indemnity basis.

Orders

  • ["The defendant pay the plaintiff's costs of the proceedings, such costs to be assessed on the indemnity basis."]