K. & A. LAIRD (N.S.W.) Pty Ltd (In Liquidation) v AIDZAN Pty Ltd (In Liquidation) 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) and the Aidzan Superannuation Fund [2023] NSWSC 769

Supreme Court New South Wales

Medium Neutral Citation: K. & A. LAIRD (N.S.W.) Pty Ltd (In Liquidation) v AIDZAN Pty Ltd (In Liquidation) 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) and the Aidzan Superannuation Fund [2023] NSWSC 769 Hearing dates: Last costs submissions 21 June 2023 Date of orders: 4 July 2023 Decision date: 04 July 2023 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders 1-12 of the Plaintiff's proposed orders are made and the Defendants are ordered to pay the costs of the proceedings on the ordinary basis. Catchwords: COSTS – Party/party – Where plaintiff has had ultimate success in the application – Where multiple issues in proceedings – Whether reason to depart from the ordinary rule that costs are awarded to the party successful overall by ordering apportionment of costs. COSTS – application for costs on an indemnity basis – where defendants did not act unreasonably in not accepting Calderbank offers – whether an indemnity costs order should be made. Legislation Cited: - Corporations Act 2001 (Cth) - Insolvency Practice Schedule (Corporations), Division 60 Cases Cited: - Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 - Calderbank v Calderbank [1975] 3 All ER 333 - Hawkesbury District Health Service Ltd v Chaker (No 2) [2011] NSWCA 30 - Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 - Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No. 2) [2019] NSWCA 19 - Nu Line Construction Group Pty Ltd v Fowler (aka Grippaudo) [2012] NSWSC 816 - Ofria v Cameron (No 2) [2008] NSWCA 242 - Re Alsafe Security Products Pty Ltd atf Alsafe Trust (in liq) [2016] NSWSC 575 - Re Cooperbrown Pty Ltd [2019] NSWSC 1521 - Re SRD Property Pty Ltd (unpublished, 5 June 2023) - Ryde Developments Pty Ltd v Property Investors Alliance Pty Ltd (No. 2) [2018] NSWCA 40 - Sakr Nominees Pty Ltd (in liq) v Sakr (2017) 118 ACSR 333; [2017] NSWCA 38 - Templeton v Australian Securities and Investments Commission (2015) 108 ACSR 545; [2015] FCAFC 137 - Volkswagen Financial Services Australia Pty Ltd v Atlas CTL Pty Ltd (2022) 163 ACSR 403; [2022] NSWSC 573 Category: Costs Parties: K. & A. LAIRD (N.S.W.) Pty Ltd (In Liquidation) (Plaintiff/First Cross-Defendant) AIDZAN Pty Ltd (In Liquidation) 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) and the Aidzan Superannuation Fund (First Defendant/First Cross-Claimant) Nazdia Pty Ltd ACN 631 617 331 in its capacity as trustee of the Aidzan Superannuation Fund (Second Defendant) Peter Alan Laird (Third Defendant/Second Cross-Claimant) Michael Laird (Second Cross-Defendant) David Laird (Third Cross-Defendant) Debra Roberts (Fourth Cross-Defendant) Christine Cook (Fifth Cross-Defendant) Representation: Counsel: A Leopold SC/J Tobin (Plaintiff/Cross-Defendants) D Studdy SC/J Nixon (Defendants/Cross-Claimants)