| Rossi v Living Choice Australia Ltd (No 2) (NSWCA) - judgment and orders - outstanding issues - appellant partly successful on appeal - proceedings remitted to Land and Environment Court for determination of ameliorative orders - costs orders made |
| In the matter of Entire Building Solutions Pty Ltd (NSWSC) - costs - applications to set aside statutory demands - statutory demands withdrawn voluntarily - each party to pay own costs |
| Summaries With Link (Five Minute Read) |
Rossi v Living Choice Australia Ltd (No 2) [2015] NSWCA 301
Court of Appeal of New South Wales
Basten, Ward & Emmett JJA
Judgments and orders - costs - Court allowed appellant’s appeal in part from decisions made Land and Environment Court and dismissed cross-appeals and applications for leave to cross-appeal - resolution of outstanding issues - ameliorative relief in relation to unauthorised works - costs of proceedings in Land and Environment Court and Court of Appeal - held: in relation to ameliorative orders, proceedings remitted to Land and Environment Court for making of appropriate orders - first and second respondents to pay 70% of appellant’s costs of proceedings in Land and Environment Court to date with liability to be joint and several - orders for apportionment made - first and second respondents to pay 75% of appellant’s costs of proceedings in Court of Appeal disregarding costs incurred after hearing with liability to be joint and several - apportionment orders made - orders as to appellant’s entitlement to interest made.
Rossi
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In the matter of Entire Building Solutions Pty Ltd. [2015] NSWSC 1421
Supreme Court of New South Wales
Robb J
Costs - dispute concerned services agreements between parties - defendant served two statutory demands on plaintiff under s459E Corporations Act 2001 (Cth) - plaintiff sought order to set aside first statutory demand and subsequently sought order setting aside second statutory demand - defendant voluntarily withdrew both demands - on date defendant withdrew demands plaintiff offered to settle each application on basis demands be set aside and defendant pay plaintiff’s costs on the usual basis on certain conditions - defendant filed statement of claim claiming total of sums in demands - principle in Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 - held: it was reasonable for defendant to serve statutory demands on plaintiff - defendant had acted reasonably by withdrawing statutory demands and seeking to pursue relief in District Court - withdrawal was neither a capitulation nor a “clear victory” for plaintiff - appropriate costs order was that each party should pay its own costs of both proceedings
Entire Building
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