In the matter of Northern Energy Corporation Limited [2023] NSWSC 126

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Northern Energy Corporation Limited [2023] NSWSC 126 Hearing dates: On the papers Date of orders: 22 February 2023 Decision date: 22 February 2023 Jurisdiction: Equity - Corporations List Before: Richmond J Decision: Plaintiffs are to pay the defendants cost on the plaintiffs notice of motion, and the first and second defendants costs on the first and second defendants notice of motion. Catchwords: COSTS — party/party — costs orders in interlocutory proceedings — where plaintiffs seek leave to amend pleadings alongside other orders — where plaintiffs' and first and second defendants' motions are heard concurrently Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(1) Uniform Civil Procedure Rules 2005 (NSW), Pt 42 Cases Cited: Australian Securities & Investments Commission v Cassimatis (No 7) [2016] FCA 624 Global Investments Limited v Babcock & Brown Global Investments Management Pty Ltd [2017] NSWSC 1202 Media Ocean Ltd v Optus Mobile Pty Ltd (No 6) [2009] FCA 1319 Category: Costs Parties: Robert Hutson & Scott Langdon in their capacity as joint and several liquidators (First Plaintiff) Northern Energy Corporation Limited (Second Plaintiff) Colton Coal Pty Ltd (Third Plaintiff) New Hope Corporation (First Defendant) Arkdale Pty Ltd (Second Defendant) Shane Oscar Stephan (Third Defendant) Matthew James Busch (Fourth Defendant) Andrew Lachlan Boyd (Fifth Defendant) Stephen Charles Eames (Sixth Defendant) Samuel Valentine Fisher (Seventh Defendant) Representation: Counsel: Mr D Cook SC, Dr K Stern SC, Mr G Ng, Mr D Krochmalik, Ms M Ellicott (Plaintiffs) Mr J Giles SC, Dr S Hartford Davis, Mr E Ball (First and Second Defendants) Mr A Pomerenke KC, Mr E Robinson (Third and Fourth Defendants) Mr B Wacker (Fifth, Sixth and Seventh Defendants)