Catchwords: Provision of quotation for supply of timber and timber related product for use by plaintiff in tender process – whether price comprised a representation in trade or commerce under s 18 of Schedule 2 of the Competition and Consumer Act 2010

Whether costs of mediation are “costs in the proceeding” – whether mediation by consent relevant – the role of mediation in a proceeding – overarching obligations of parties 

 ARBITRATION

 Application is made under ss 473 and 504 of the Corporations Act 2001 (Cth) by the plaintiff, Ross John McDermott, the former liquidator of the first and second defendants, Conalpin Pty Ltd and Dolmear Pty Ltd seeking that:

his remuneration as former liquidator of Conalpin Pty Ltd be fixed in the sum of $26,681.50...

TORT - injurious falsehood - where no actual damage alleged due to early grant of injunction to restrain publication - whether pleading discloses any commercial or proprietary interest of the plaintiff to be protected by the relief sought - whether claim in substance one for defamation rather than injurious falsehood ..

CONTRACT- guarantee and indemnity - judgement debt - interest on judgment - costs –contractual provision for indemnity costs - discretionary considerations - interest on costs – Calderbank offer –whether unreasonable refusal ..

Application for interlocutory injunction – where applicant claims respondent published statements on its website that are misleading and deceptive or likely to mislead or deceive in contravention of s 18 of the Australian Consumer Law ..

EQUITY - loan agreement - specific performance