Global v Sensis [2007] NSWSC 967

Global v Sensis [2007] NSWSC 967

The defendant took the risk of using the statutory demand procedure based on a judgment that was on appeal and where the plaintiff had good grounds; the appeal succeeded, the demand was set aside, and the defendant's offer required payment to itself rather than payment into court. There was no good reason to depart from the usual rule that costs follow the event, so the defendant was ordered to pay the plaintiff's costs.

Jurisdiction
Australia
Judgment Date
27 August 2007
Procedural Posture
Proceedings to Set Aside a Statutory Demand / Costs Determination After the Statutory Demand Was Set Aside by Consent
Outcome
The defendant is to pay the plaintiff's costs of the proceedings.
Legal Topics
['statutory Demand' 'costs' 'appeal' 'judgment Debt']
['corporations Law' 'civil Procedure'] ['statutory Demand' 'costs' 'appeal' 'judgment Debt']

Case Brief

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Procedural Posture

Proceedings to Set Aside a Statutory Demand / Costs Determination After the Statutory Demand Was Set Aside by Consent

Legal Issues

  1. 1 ["Whether the defendant should pay the plaintiff's costs after the statutory demand was set aside by consent." "Whether the defendant's offer before the appeal was disposed of justified departure from the usual rule that costs follow the event."]

Ratio Decidendi

The defendant took the risk of using the statutory demand procedure based on a judgment that was on appeal and where the plaintiff had good grounds; the appeal succeeded, the demand was set aside, and the defendant's offer required payment to itself rather than payment into court. There was no good reason to depart from the usual rule that costs follow the event, so the defendant was ordered to pay the plaintiff's costs.

Court Disposition

The defendant is to pay the plaintiff's costs of the proceedings.

Orders

  • ["The defendant is to pay the plaintiff's costs of these proceedings."]