Ageist Pty Ltd v Samuel M Holdings Pty Ltd (Receiver and Manager Appointed) (No 2) [2021] NSWSC 1216

Supreme Court New South Wales

Medium Neutral Citation: Ageist Pty Ltd v Samuel M Holdings Pty Ltd (Receiver and Manager Appointed) (No 2) [2021] NSWSC 1216 Hearing dates: On the papers Date of orders: 27 September 2021 Decision date: 27 September 2021 Jurisdiction: Equity - Duty List Before: Henry J Decision: The second and third defendants and the director of the first defendant to pay the plaintiff's costs of its application, including its costs thrown away by reason of the adjournment, on an indemnity basis. Catchwords: COSTS – indemnity basis – where defendants lodged caveats with no reasonable prospects of success and to prevent property sale – where defendants were self-represented – no issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(1) Supreme Court (Corporations) Rules 1999 (NSW), rr 2.13(1)(a), 2.13(2)(a) Cases Cited: Cabport Pty Ltd v Marinchek (No 2) [2013] NSWCA 131 Celermajer Holdings Pty Ltd v Kopas [2011] NSWSC 619 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 801 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397; [1988] FCA 364 Guirgis v JEA Developments Pty Ltd [2019] NSWSC 164 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Kazal v Independent Commission Against Corruption (No 2) [2020] NSWSC 17 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Pendlebury v Colonial Mutual Life Assurance Society Ltd (1912) 13 CLR 676; [1912] HCA 9 Stanley v Layne Christensen Co [2006] WASCA 56 Vink v Tuckwell (No 3) (2008) 67 ACSR 547; [2008] VSC 316 Texts Cited: Nil Category: Costs Parties: Ageist Pty Ltd (Plaintiff) Samuel M Holdings Pty Ltd (Receiver & Manager Appointed) (First Defendant) Lila Stojcevski (Second Defendant) Lupco Stojcevski (Third Defendant) Representation: Counsel: A G Martin (Plaintiff)