Combis and Staatz as Joint and Several Liquidators of RB Hospitality Holdings Pty Limited (In Liquidation) v Lee (No. 2) [2020] NSWSC 1828

Supreme Court New South Wales

Medium Neutral Citation: Combis and Staatz as Joint and Several Liquidators of RB Hospitality Holdings Pty Limited (In Liquidation) v Lee (No. 2) [2020] NSWSC 1828 Hearing dates: On the papers Date of orders: 16 December 2020 Decision date: 16 December 2020 Jurisdiction: Common Law Before: Johnson J Decision: Refer [17] of judgment. Catchwords: COSTS – consideration of appropriate costs order after answers given to separate questions pursuant to order under Rule 28.2 Uniform Civil Procedure Rules 2005 – costs should follow that event Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Doppstadt Australia Pty Ltd v Lovick & Sons Developments Pty Ltd (No. 2) [2014] NSWCA 219 Combis and Staatz as Joint and Several Liquidators of RB Hospitality Holdings Pty Limited (In Liquidation) v Lee [2020] NSWSC 1727 Texts Cited: --- Category: Costs Parties: Nick Combis and Steven Staatz as joint and several liquidators of RB Hospitality Holdings Pty Ltd (In Liquidation) (Plaintiffs) Richard Andrew John Lee (Defendant) Representation: Counsel: Mr DK Smith (Plaintiffs) Mr M Bennett (Defendant)

Solicitors: Patane Lawyers (Plaintiffs) Navado Lawyers and Solicitors (Defendant) File Number(s): 2018/391580 Publication restriction: ---

Judgment 1. JOHNSON J: On 3 December 2020, I gave judgment in these proceedings in which answers were given to separate questions which had been framed pursuant to an order under Rule 28.2 Uniform Civil Procedure Rules 2005 (NSW) ("UCPR"): Combis and Staatz as Joint and Several Liquidators of RB Hospitality Holdings Pty Limited (In Liquidation) v Lee [2020] NSWSC 1727. 2. In that judgment, at [107]-[108], I gave directions for the parties to make submissions concerning costs and outstanding procedural issues in light of the answers given by the Court to the separate questions. 3. Counsel for the Plaintiffs and the Defendant have furnished written submissions on costs and outstanding procedural issues.