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Tremaine Developments Pty Ltd v Courtney Develops Pty Ltd

Tremaine Developments Pty Ltd v Courtney Develops Pty Ltd

Case [2011] VSC 112

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AGLC: Tremaine Developments Pty Ltd v Courtney Develops Pty Ltd [2011] VSC 112
Case: [2011] VSC 112
Decision Date: 29 March 2011

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Citations

Tremaine Developments Pty Ltd v Courtney Develops Pty Ltd [2011] VSC 112

Most Recent Citation

Kekecial Pty Ltd v Aus Made Express International Group Pty Ltd (No 2) [2023] VCC 876

Cases Citing This Decision

Motor Yacht Sales Australia Pty Limited v Megisti Yacht Charters Limited (No 2) [2020] FCA 1459
Citation 1 (Para 15)

…Pty Ltd v Hampton Transport Services [2017] FCA 1310 at [19] per Gilmour J and Tremaine Developments Pty Ltd (in liq) v Courtney Developments Pty Ltd [2011] VSC 112 at [12] per Croft J. However, in Vanguard 2017 Pty Ltd, Re Modena Properties Pty Ltd v Modena Properties Pty Ltd (No 2) [2018] FCA 1461, Thawley J (a…
Peter Kazacos v Shuangling International Development Pty Limited [2016] NSWSC 1725
Citation 2

…g order application such as where the incorrect plaintiff applied for it ( Tremaine Developments Pty Ltd (in liq) v Courtney Develops Pty Ltd [2011] VSC 112). Indemnity costs are always the exception rather than the rule as noted, in the context of a freezing order, by Wilson J in Trustee for Peter and Tanya Zufi…
Sebastian v Strongwall International Limited (Deregistered) (No 2) [2011] FCA 1105
Citation 3 (Para 11)

…ezing order application such as where the incorrect plaintiff applied for it ( Tremaine Developments Pty Ltd (in liq) v Courtney Develops Pty Ltd [2011] VSC 112). Indemnity costs are always the exception rather than the rule as noted, in the context of a freezing order, by Wilson J in Trustee For Peter And Tanya…
Jiang v E Scaunich Nominees Pty Ltd (No 1) [2025] VSC 297
Citation 4 (Para 1)

…f’s Submissions on Costs of Freezing Order Application, [24]; citing Tremaine Developments Pty Ltd (in liq) v Courtney Developments Pty Ltd [2011] VSC 112, [16].…
Sidameneo (No 456) Pty Ltd v Ward and Magarey [2011] VSC 559
Citation 5 (Para 1)

…of Sustainability & Environment (No. 2) [2010] VSC 513 (Croft J) at [6]-[10]; Tremaine Developments Pty Ltd (in liq) v Courtney Developments Pty Ltd [2011] VSC 112 (Croft J) at [13].…
Kekecial Pty Ltd v Aus Made Express International Group Pty Ltd (No 2) [2023] VCC 876
Citation 6

…td v Keeprite Australia Pty Ltd (Federal Court of Australia, 3 May 1991, unreported); Tremaine Developments Pty Ltd v Courtney Develops Pty Ltd & Ors [2011] VSC 112; Westpac Banking Corporation v Hilliard & Ors [2001] VSC 187; Westpac Banking Corp v Hilliard & Ors (No 2) [2001] VSC 198…

Cases Cited

Statutory Material Cited

Bradbury and Lander (No. 3) [2019] FamCA 152
Citation 1

…ty Ltd v Secretary to the Department of Sustainability & Environment (No. 2 ) [2010] VSC 513; Colgate Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225; Macedon Ranges Shire Council v Thompson [2009] VSCA 209.…
Macedon Ranges Shire Council v Thompson [2009] VSCA 209
Citation 2

…vironment (No. 2 ) [2010] VSC 513; Colgate Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225; Macedon Ranges Shire Council v Thompson [2009] VSCA 209.…
Piscopo v Not Lawyers [2008] FCA 1907
Citation 3

…[5](1988) 81 ALR 397 at 401. This passage has been cited with approval in many subsequent decisions, including by French J (as he then was) in J-Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers Western Australia (unreported, Federal Court of Australia, 9 February 1993), and in the Supreme Cour…
NBIF v Minister for Immigration [2006] FMCA 182
Citation 4 (Para 67)

…ts order. In Colgate Palmolive Company v Cussons Pty Ltd , Sheppard J identified some of the categories as:[4] [3] Oshlack v Richmond River Council (1998) 193 CLR 72 at [67]-[69] (McHugh J). [4](1993) 46 FCR 225 at 233-234; and see also Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189 at [7]. ‘…the making of allegation…
Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2004] FCA 1140
Citation 5

…costs order against the director. 11. The relevant law was considered by Branson J in Yates Property Corporation Pty Ltd v Boland (No 2) (1997) 147 ALR 685 at 695. Her Honour made a costs order against the director because he was in effective control of the company, and he had a real and personal interest in the sub…
Murdaca v Maisano [2004] VSCA 123
Citation 6 (Para 40)

…ion of Workers Western Australia (unreported, Federal Court of Australia, 9 February 1993), and in the Supreme Court of Victoria in Murdaca v Maisano [2004] VSCA 123 at [40]; Aljade and MKIC v OCBC [2004] VSC 351; and Macedon Ranges Shire Council v Thompson [2009] VSCA 209 at [15].…
Clarke v Deputy Commissioner of Taxation [2002] FCA 75
Citation 7

…al Council v Connor (1991) 24 NSWLR 724; Monitronix Ltd v Michael (1992) 7 WAR 195; Ugly Tribe Co Pty Ltd v Sikola , [2001] VSC 189, [18] (Harper J); Clarke v Deputy Commissioner of Taxation (2002) 50 ATR 173.…
Yates Property Corporation Pty Ltd v Boland [2000] FCA 1106
Citation 8

…“3. The Court’s power to order costs is to be found in section 24 of the Supreme Court Act and Order 63 of Chapter 1 of the Rules of Court. 4. Rule 63.02 provides that the Court’s power and discretion to award costs under section 24 of the Act shall be exercised subject to and in accordance with Ord…
Oshlack v Richmond River Council [1998] HCA 11
Citation 9

…tances that warrant a special costs order. In Colgate Palmolive Company v Cussons Pty Ltd , Sheppard J identified some of the categories as:[4] [3] Oshlack v Richmond River Council (1998) 193 CLR 72 at [67]-[69] (McHugh J). [4](1993) 46 FCR 225 at 233-234; and see also Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189 at [7]. ‘…the making of…
Knight v FP Special Assets Ltd [1992] HCA 28
Citation 10

…Rules 63.28 – 63.30.1. They include costs on a solicitor and client basis and on an indemnity basis. … 7. In Knight v FP Special Assets Ltd (1992) 174 CLR 178 at 192-3 the High Court recognised that a court, such as the Supreme Court, has jurisdiction to award costs against a non party. … 9. It appears clear that a n…
Australian Federation of Consumer Organisations Inc v Tobacco Institute of Australia Ltd [1991] FCA 150
Citation 11

…[8] Hurstville Municipal Council v Connor (1991) 24 NSWLR 724; Monitronix Ltd v Michael (1992) 7 WAR 195; Ugly Tribe Co Pty Ltd v Sikola , [2001] VSC 189, [18] (Harper J); Clarke v Deputy Commissioner of Taxation (2002) 50 ATR 173.…
Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability and Environment [2010] VSC 513
Citation 12 (Para 1)

…be exercised are summarised in my judgment in Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability & Environment (No. 2) :[2] [2][2010] VSC 513 at [7] – [9].…
Aljade and MKIC v OCBC [2004] VSC 351
Citation 13 (Para 40)

…deral Court of Australia, 9 February 1993), and in the Supreme Court of Victoria in Murdaca v Maisano [2004] VSCA 123 at [40]; Aljade and MKIC v OCBC [2004] VSC 351; and Macedon Ranges Shire Council v Thompson [2009] VSCA 209 at [15].…
Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189
Citation 14 (Para 7)

…ck v Richmond River Council (1998) 193 CLR 72 at [67]-[69] (McHugh J). [4](1993) 46 FCR 225 at 233-234; and see also Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189 at [7]. ‘…the making of allegations of fraud knowing them to be false and the making of irrelevant allegations of fraud ...; evidence of particular mis…

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