WAKEFIELD & WAKEFIELD

This matter concerned an application by the respondent, Wakefield & Wakefield, for an order that the applicant, also named Wakefield & Wakefield, pay its costs of the proceeding. The dispute arose from an application made by the applicant seeking to set aside a statutory demand. The proceeding was heard in the Supreme Court of New South Wales.

The primary legal issue before the Court was whether the applicant had been successful in its application to set aside the statutory demand. This determination was crucial for deciding the question of costs, as the general rule is that costs follow the event. The Court was required to assess the outcome of the application to ascertain which party had ultimately prevailed.

Newbrun J found that the applicant had not been successful in its application to set aside the statutory demand. Consequently, the Court ordered that the applicant pay the respondent's costs of the proceeding.