MS Stock Contracting Pty Ltd & Anor v AUX Venture Pty Ltd & Anor (No 2)

[2011] NTSC 76

Supreme Court of the Northern Territory

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For Australian Law.

1. Costs
2. › Application for oral examination of second defendant to ascertain identity of third party
3. › finding that second defendant misled plaintiffs as to existence or involvement of third party
4. › no action taken by second defendant to disabuse plaintiff of their mistaken belief
5. › avoidance of order for oral examination by late correction of falsehood
6. › whether costs order against technically successful defendant appropriate in the circumstances
7. › whether appropriate to order indemnity costs
1. MS Stock Contracting & Anor v AUX Venture & Anor [2011] NTSC 08, referred to.
1. Oshlack v Richmond River Council [1993] HCA 11; (1998) 193 CLR 72; Ritter v Godfrey [1920] 2 KB 47; Verna Trading v New India Assurance [1991] VicRp 12; [1991] 1 VR 129, considered.

Citation[2011] NTSC 76

CourtNTSC

JurisdictionNorthern Territory

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