Twigg v Twigg (No 6); Lambert v Twigg Investments Pty Ltd (No 5) [2020] NSWSC 1856

Supreme Court New South Wales

Medium Neutral Citation: Twigg v Twigg (No 6); Lambert v Twigg Investments Pty Ltd (No 5) [2020] NSWSC 1856 Hearing dates: On the papers; 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Equity - Commercial List Before: Ball J Decision: See paragraph [35] Catchwords: COSTS – Offer of compromise made under Uniform Civil Procedure Rules r 20.26 – Calderbank offer – Whether offerees had access to enough information to properly consider the offer – Whether the offeree had a reasonable time to consider the offer – Where offer related to two interrelated proceedings and only one was successful – Whether costs order of freezing order made by consent should be set aside EQUITY – Apportionment of trust assets following tracing – Where successful plaintiffs found to have interests in trust property in different percentages - Held appropriate for the each successful plaintiff to select assets to be transferred to each of them in specie for an amount equivalent to the respective percentage rather than each plaintiff be allocated a share of each individual asset Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Twigg v Twigg [2019] NSWSC 373 Twigg v Twigg (No 2) [2019] NSWSC 1356 Twigg v Twigg (No 4); Lambert v Twigg Investments Pty Ltd (No 3) [2020] NSWSC 1159 Twigg v Twigg (No 5); Lambert v Twigg Investments Pty Ltd (No 4) [2020] NSWSC 1782 Category: Costs Parties: In 2019/71329 (Main Proceeding): Diane Twigg (First Plaintiff | First Cross Defendant) Ipswich Landfill Pty Ltd atf Ipswich Landfill Trust (Second Plaintiff | Second Cross Defendant) Brooklyn Landfill & Waste Recycling Pty Ltd (Third Plaintiff | Third Cross Defendant) Twigg Plant Hire Pty Ltd (Fourth Plaintiff/ Fourth Cross Defendant) Maxwell James Twigg (First Defendant | Fifth Cross Defendant) Twigg Landfill Pty Ltd (Second Defendant | Sixth Cross Defendant) Byron Bay Beach Hotel Properties Pty Ltd (Third Defendant | Seventh Cross Defendant) Twigg Consulting Pty Ltd (Fourth Defendant | Eighth Cross Defendant) B Bay H Pty Ltd (Fifth Defendant | Ninth Cross Defendant) Twigg Investments Pty Ltd (Sixth Defendant | Tenth Cross Defendant) Maly Holdings Pty Ltd (Seventh Defendant | Eleventh Cross Defendant) Twigg Property Development Pty Ltd (Eighth Defendant | Twelfth Cross Defendant) Twigg Motor Sport Pty Ltd (Ninth Defendant | Thirteenth Cross Defendant) Vision Motor Sport Pty Ltd (Tenth Defendant | Fourteenth Cross Defendant) Twigg Motor Racing Pty Ltd (Eleventh Defendant | Fifteenth Cross Defendant) Surf Street Holdings Pty Ltd (Twelfth Defendant | Sixteenth Cross Defendant) W & E Twigg Pty Ltd (Thirteenth Defendant | Seventeenth Cross Defendant) Frances Lambert (Fourteenth Defendant | Cross- Claimant) Twigg Co Pty Limited (Fifteenth Defendant)