TCP Queensland (Projects) Pty Ltd v Barco Systems Pty Ltd
[2000] QSC 93
•27 June 2000
SUPREME COURT OF QUEENSLAND
File No S 8361 of 1999
[2000] QSC 093
BETWEEN:
TCP QUEENSLAND (PROJECTS) PTY LTD
Applicant
AND:
BARCO SYSTEMS PTY LTD
Respondent
MOYNIHAN J – ORDER FOR COSTS
DELIVERED ON: | 27 June 2000 |
HEARING DATE: | No appearance required – written submissions as to costs submitted to the Court. |
ORDER: | The Applicant should pay the Respondent’s costs of and incidental to the application to be assessed on the standard basis. |
SUBMISSIONS: | Mr WL Cochrane for the Applicant Gadens Lawyers for the Respondent |
It is now necessary to dispose of the costs of the applicant’s application to set aside the respondent’s statutory demand for payment of a debt.
The outcome of the application was to reduce the statutory demand of $163,727 to $99,680.52, for reasons which I published on 27 April 2000.
In my view, in the circumstances of the case, the variation does not found a conclusion justifying a departure from the general rule that costs follow the event. The applicant having failed in its application to set aside should pay the respondent’s costs of and incidental to the application to be assessed on the standard basis.
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