K & A Laird (N.S.W.) Pty Ltd (in liq) v Aidzan Pty Ltd (in liq) in its own capacity and in its capacity as trustee of the Peter Laird Trust, the Peter Alan Laird Property Trust (known as the PAL Property Trust) trading as the Aidzan Superannuation Fund [2022] NSWSC 1786

Supreme Court New South Wales

Medium Neutral Citation: K & A Laird (N.S.W.) Pty Ltd (in liq) v Aidzan Pty Ltd (in liq) in its own capacity and in its capacity as trustee of the Peter Laird Trust, the Peter Alan Laird Property Trust (known as the PAL Property Trust) trading as the Aidzan Superannuation Fund [2022] NSWSC 1786 Hearing dates: On the papers (last submission December 2022) Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Equity - Corporations List Before: Black J Decision: The First Cross-Claimant to the Amended First Cross-Claim ("Aidzan") pay the Second to Fifth Cross-Defendants ("Laird Siblings")' costs of the First Cross-Claim on an ordinary basis, as agreed or as assessed; Aidzan pay the Laird Siblings' costs of the Second Cross-Claim on an ordinary basis, as agreed or as assessed; the costs payable by Aidzan ordered on 8 November 2022 and 23 December 2022 be payable forthwith; there be no order as to the costs of the costs application. Catchwords: COSTS — Party/Party — Where orders made striking out substantial cross-claim and claims against several Cross-Defendants were dismissed by consent Legislation Cited: Civil Procedure Act 2005, s 98 Cases Cited: - Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No 2) [2009] NSWCA 12 - Burke v LFOT Pty Ltd (2002) 209 CLR 282 - Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd [1988] FCA 202 - Hamod v State of New South Wales (2002) 188 ALR 659; [2002] FCA 424 - Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (No 7) (2008) 65 ACSR 324; [2008] NSWSC 199 Category: Costs Parties: Aidzan Pty Ltd (in liquidation) in its own capacity and in its capacity as trustee of the Peter Laird Trust, the Peter Alan Laird Trust (known as the PAL Property Trust) and the Aidzan Superannuation Fund (First Cross-Claimant to Amended First Cross-Claim) Mr Peter Laird (Second Cross-Claimant to Amended First-Claim) K&A Laird (N.S.W.) Pty Ltd (in liq) (First Cross-Defendant to First Cross-Claim) Michael Laird (Second Cross-Defendant) David Laird (Third Cross-Defendant) Debra Roberts (Fourth Cross-Defendant) Christine Cook (Fifth Cross-Defendant) Representation: Counsel: R D Marshall SC (First Cross-Claimant to Amended First Cross-Claim) A Harding SC/N Condylis (Second to Fifth Cross-Defendants to Amended First Cross-Claim)