In the matter of Matcove Pty Limited [2020] NSWSC 897

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Matcove Pty Limited [2020] NSWSC 897 Hearing dates: 14-16 and 21 April 2020 Decision date: 14 July 2020 Jurisdiction: Equity - Corporations List Before: Black J Decision: Proceedings dismissed. First Plaintiff pay First, Fourth, Fifth and Sixth Defendants' costs of the proceedings on an ordinary basis as agreed or as assessed. No order as to costs against Second, Third or Fourth Plaintiffs. Catchwords: COSTS — Party/Party — Orders when proceedings involve multiple parties — First Plaintiff was the only active plaintiff — Other plaintiffs were shareholders joined as interested parties — Bases of quantification — Indemnity basis — Whether proceeding was hopeless — Calderbank offer — Whether unreasonable not to accept offer — Where offer contained complex arrangement including terms going beyond issues in proceedings Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98 - Personal Property Securities Act 2009 (Cth) - Uniform Civil Procedure Rules 2005 (NSW), rr 42.2. 42.5 Cases Cited: - Cabport Pty Ltd v Marinchek (No 2) [2013] NSWCA 131 - Nu Line Construction Group Pty Ltd v Fowler (aka Grippaudo) [2012] NSWSC 816 - Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 - Re Alsafe Security Products Pty Ltd atf The Alsafe Trust (in liq) [2016] NSWSC 575 Category: Costs Parties: Eric Andrew Fuller (First Plaintiff) Andrew Simon John Fuller (Second Plaintiff) Todd Christopher Fuller (Third Plaintiff) Daniel Eric Neill Fuller (Fourth Plaintiff) Kerry Albert (First Defendant) Matcove Pty Limited (Second Defendant) Moonee Developments Pty Ltd (Third Defendant) Cassie Albert (Fourth Defendant) Tristan Albert (Fifth Defendant) Sandra May Albert (Sixth Defendant) Representation: Counsel: D Cook SC/P Afshar (Plaintiffs) CRC Newlinds SC/M Hall (First, Fourth-Sixth Defendants)