In the matter of Southern Cross Exploration N L [2016] NSWSC 1003

In the matter of Southern Cross Exploration N L [2016] NSWSC 1003

As the statutory demand was set aside by consent following the late raising of an offsetting claim by the plaintiff, and the defendant acted reasonably in making and defending the demand, each party should bear its own costs of the proceedings, and the plaintiff should pay the defendant's costs of the argument on costs.

Jurisdiction
Australia
Judgment Date
09 May 2016
Procedural Posture
Equity Corporations List / Argument on Costs After Statutory Demand Set Aside by Consent
Outcome
No order as to costs of proceedings; plaintiff to pay defendant's costs of the argument on costs fixed at $4,400 inclusive of GST.
Legal Topics
['costs' 'statutory Demand' 'offsetting Claim']
['corporations Law'] ['costs' 'statutory Demand' 'offsetting Claim']

Case Brief

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Procedural Posture

Equity Corporations List / Argument on Costs After Statutory Demand Set Aside by Consent

Legal Issues

  1. 1 ['Appropriate order as to costs when statutory demand set aside by consent in light of offsetting claim raised late']

Ratio Decidendi

As the statutory demand was set aside by consent following the late raising of an offsetting claim by the plaintiff, and the defendant acted reasonably in making and defending the demand, each party should bear its own costs of the proceedings, and the plaintiff should pay the defendant's costs of the argument on costs.

Court Disposition

No order as to costs of proceedings; plaintiff to pay defendant's costs of the argument on costs fixed at $4,400 inclusive of GST.

Orders

  • ['No order as to costs of proceedings—each party to bear their own costs.' "Plaintiff to pay defendant's costs of the argument on costs fixed at $4,400 inclusive of GST."]