Bauskis & Anor v Liew (No 2) [2012] NSWSC 1148

Bauskis & Anor v Liew (No 2) [2012] NSWSC 1148

The plaintiff was aware of the hearing and none of the asserted grounds justified disqualification. The appropriate final orders required payment out of the monies paid into court according to the parties' entitlements, including a GST allowance of $62,745.45 in favour of the defendant conditional on an undertaking to account to the Deputy Commissioner for Taxation and provide Business Activity Statements. The defendant was entitled to the costs of the proceedings because the plaintiffs were wholly unsuccessful on the principal contentions that occupied the hearing, but indemnity costs were refused because the Calderbank offer was open for only three days to an unrepresented litigant.

Jurisdiction
Australia
Judgment Date
20 September 2012
Procedural Posture
Joint Venture Proceedings / Consequential Orders / Final Form of Orders
Outcome
Disqualification declined; final payment out and costs orders made; amended statement of claim dismissed; amended cross claim otherwise dismissed.
Legal Topics
['joint Venture' 'disqualification Application' 'final Orders' 'payment Out of Monies Paid Into Court' 'gst Accounting' 'costs' 'calderbank Offer']
['common Law' 'civil Procedure' 'costs'] ['joint Venture' 'disqualification Application' 'final Orders' 'payment Out of Monies Paid Into Court' 'gst Accounting' 'costs' 'calderbank Offer']

Case Brief

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Procedural Posture

Joint Venture Proceedings / Consequential Orders / Final Form of Orders

Legal Issues

  1. 1 ['Whether the judge should disqualify himself on the grounds raised by the plaintiff.' 'What final orders should be made for payment out of the monies paid into court, including the GST allowance and interest components.' "Whether the plaintiffs should pay the defendant's costs of the proceedings." "Whether the defendant should receive indemnity costs by reason of the plaintiff's rejection of the 8 May 2012 Calderbank offer."]

Ratio Decidendi

The plaintiff was aware of the hearing and none of the asserted grounds justified disqualification. The appropriate final orders required payment out of the monies paid into court according to the parties' entitlements, including a GST allowance of $62,745.45 in favour of the defendant conditional on an undertaking to account to the Deputy Commissioner for Taxation and provide Business Activity Statements. The defendant was entitled to the costs of the proceedings because the plaintiffs were wholly unsuccessful on the principal contentions that occupied the hearing, but indemnity costs were refused because the Calderbank offer was open for only three days to an unrepresented litigant.

Court Disposition

Disqualification declined; final payment out and costs orders made; amended statement of claim dismissed; amended cross claim otherwise dismissed.

Orders

  • ['Upon the undertaking of the defendant by his counsel to account to the Deputy Commissioner for Taxation for GST in respect of the sale of the Canley Vale properties in the amount of $62,745.45 and to provide to the plaintiff copies of all Business Activity Statements concerning such payments, the amount of...