In the matter of Malvern Developments (Vic) Pty Ltd [2021] NSWSC 958

In the matter of Malvern Developments (Vic) Pty Ltd [2021] NSWSC 958

The defendant did not act unreasonably in seeking imposition of a condition for funds to be paid into Court, as there were authorities supporting such conditions. The plaintiff's application for indemnity costs was therefore dismissed and the ordinary costs order remained.

Parties
Plaintiff: Malvern Developments (Vic) Pty Ltd; Defendant: Devakon Pty Ltd
Jurisdiction
Australia
Judgment Date
03 August 2021
Procedural Posture
Application / Application to Vary Costs Order Following Judgment Setting Aside Statutory Demand
Outcome
Application to vary costs order dismissed. Plaintiff to pay the costs of and incidental to the application on the ordinary basis.
Legal Topics
Costs, Statutory Demands, Indemnity Costs, Creditor's Statutory Demand
Equity Corporations Costs Statutory Demands Indemnity Costs Creditor's Statutory Demand

Case Brief

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Parties

Malvern Developments (Vic) Pty Ltd

Plaintiff

Devakon Pty Ltd

Defendant

Procedural Posture

Application / Application to Vary Costs Order Following Judgment Setting Aside Statutory Demand

Legal Issues

  1. 1 Whether indemnity costs should be awarded against the defendant for proceeding with a statutory demand despite being informed of offsetting claim

Ratio Decidendi

The defendant did not act unreasonably in seeking imposition of a condition for funds to be paid into Court, as there were authorities supporting such conditions. The plaintiff's application for indemnity costs was therefore dismissed and the ordinary costs order remained.

Court Disposition

Application to vary costs order dismissed. Plaintiff to pay the costs of and incidental to the application on the ordinary basis.

Orders

  • Application to vary costs order dismissed
  • Plaintiff to pay costs of and incidental to the application on ordinary basis