1 Jun 2023
Because the respondent refused to engage and thereby caused avoidable expense, the applicant was entitled to indemnity (solicitor/client) costs; the Court reviewed invoices, found attendances reasonable, proceeded on GST‑exclusive basis and awarded indemnity costs of $30,240 plus disbursements of $2,038.80.
1 Nov 2021
The Owner's share passed to the family trust with the land absent an express severance; the OS Agreement was entered under a common mistake about ownership and GST entitlement induced more directly by the purchaser, and the appropriate remedy was to cancel the contract under the statutory mistake provisions and restore the parties rather than to compel performance or award expectation compensation to the purchaser.
15 Feb 2011
Although the defendants' position lacked merit, the court held that indemnity costs were not justified given the modest sums and absence of special circumstances; costs were fixed on Category 2 Band B at $3,984 and disbursements of $600 were awarded and are payable now under r 14.8.
9 Jun 2006
The application to place the defendant into liquidation was adjourned because the Court found there was a real prospect, subject to strict court supervision and production of specified evidence, that funds from an Australian GST refund could satisfy the debt; the adjournment was conditional on demonstrable progress by 29 June 2006 and on the provision of prescribed documentary and expert evidence before any further adjournment.