In the matter of The Gosford Pty Ltd [2021] NSWSC 628

Supreme Court New South Wales

Medium Neutral Citation: In the matter of The Gosford Pty Ltd [2021] NSWSC 628 Hearing dates: On the papers Date of orders: 3 June 2021 Decision date: 03 June 2021 Jurisdiction: Equity - Corporations List Before: Williams J Decision: See orders at [11]. Catchwords: COSTS — proceedings resolved by consent orders made against first defendant after first defendant capitulated to plaintiff's claims — no substantive order made against second defendant — plaintiff sought costs orders against both defendants — general rule that costs follow the event — where no determination on merits but capitulation by first defendant — where the plaintiff is a member of the first defendant company — whether appropriate to make a costs order against the second defendant who is the sole director of the first defendant company Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Corporations Act 2001 (Cth), ss 233(1)(j), 247A, 247B Cases Cited: Re Minister for Immigration and Ethnic Affairs, ex parte Lai Qin (1997) 186 CLR 622 Category: Costs Parties: Margaret Edith Snell as executor of the estate of the late Keith Eddy Snell (Plaintiff) The Gosford Pty Limited (ACN 630 253 557) (First Defendant) Gregory John Walker (Second Defendant) Representation: Counsel: Ms S Clemmett (Plaintiff) Mr J T Johnson (Defendants)

Solicitors: Chamberlains Law Firm (Plaintiff) Beazley Lawyers (Defendants) File Number(s): 2021/62428 Publication restriction: N/A