Takchi Bros Constructions Pty Ltd v Woods [2010] NSWSC 115

Takchi Bros Constructions Pty Ltd v Woods [2010] NSWSC 115

The prima facie rule that costs follow the event was not displaced; despite the submitting appearance, the defendant’s conduct required the plaintiff to incur reasonable costs and the plaintiff is entitled to costs on the ordinary basis.

Jurisdiction
Australia
Judgment Date
24 February 2010
Procedural Posture
Originating Process to Set Aside Statutory Demand / Post Judgment (costs Determination)
Outcome
Order for costs in favour of plaintiff (ordinary basis)
Legal Topics
['costs' 'statutory Demand' 'debt Recovery' 'solicitor Client Costs']
['equity' 'corporations'] ['costs' 'statutory Demand' 'debt Recovery' 'solicitor Client Costs']

Case Brief

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Procedural Posture

Originating Process to Set Aside Statutory Demand / Post Judgment (costs Determination)

Legal Issues

  1. 1 ["Whether the defendant should pay the plaintiff's costs of proceedings after submitting appearance" 'Whether plaintiff is entitled to indemnity costs based on settlement offers' "Whether defendant's statutory demand was for a debt recoverable by action"]

Ratio Decidendi

The prima facie rule that costs follow the event was not displaced; despite the submitting appearance, the defendant’s conduct required the plaintiff to incur reasonable costs and the plaintiff is entitled to costs on the ordinary basis.

Court Disposition

Order for costs in favour of plaintiff (ordinary basis)

Orders

  • ["Order that the defendant pay the plaintiff's costs of the proceedings on the ordinary basis."]