Dynamics Co Pty Limited v G and M Nicholas Pty Limited (No 2) [2012] NSWSC 301

Dynamics Co Pty Limited v G and M Nicholas Pty Limited (No 2) [2012] NSWSC 301

Since Dynamics was partly successful in its costs application, and as it had to adduce substantially the same evidence regardless of the period, it is appropriate to award costs for the successful period and the costs hearing, rather than discount or divide them.

Jurisdiction
Australia
Judgment Date
30 March 2012
Procedural Posture
Application to Set Aside Statutory Demand / Determination of Costs (post Judgment on Application)
Outcome
Costs awarded to Plaintiff in part; Defendant to pay Plaintiff's costs as specified.
Legal Topics
['costs' 'statutory Demand' 'corporations List']
['corporations Law' 'civil Procedure'] ['costs' 'statutory Demand' 'corporations List']

Case Brief

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Procedural Posture

Application to Set Aside Statutory Demand / Determination of Costs (post Judgment on Application)

Legal Issues

  1. 1 ['How to apportion costs of and incidental to an application to set aside a statutory demand after partial success by both parties' 'Whether costs for the period after a statutory demand is withdrawn relate to the demand or costs argument' 'Whether costs relating to costs arguments follow the same principles as main relief']

Ratio Decidendi

Since Dynamics was partly successful in its costs application, and as it had to adduce substantially the same evidence regardless of the period, it is appropriate to award costs for the successful period and the costs hearing, rather than discount or divide them.

Court Disposition

Costs awarded to Plaintiff in part; Defendant to pay Plaintiff's costs as specified.

Orders

  • ['The Defendant pay the costs of and incidental to the application to set aside the Demand incurred between 29 August 2011 and 7 November 2011 as agreed or as assessed.' "The Defendant pay the Plaintiff's costs of and incidental to the hearing as to costs on 20 February 2012 as agreed or assessed."]