Australian Remediation Services v Earth Tech Engineering [2005] NSWSC 805

PRACTICE AND PROCEDURE - Costs - Dispute arising from appointment of arbitrator - Where action settled - No trial on the merits - Where communication between solicitors should have resolved the issue - Failure to agree due largely to plaintiff imposing unreasonable conditions - Held that proceedings were unreasonably brought by the plaintiff - Plaintiff to pay defendant's costs.

ACTS CITED:Commercial Arbitration Act 1984 (NSW) - Building & Construction Industry Security of Payment Act 1999 (NSW)

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