In the matter of Carbon Copies Composites Pty Ltd [2023] NSWSC 1039

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Carbon Copies Composites Pty Ltd [2023] NSWSC 1039 Hearing dates: Last submissions as to costs and orders received 21 August 2023 Date of orders: 30 August 2023 Decision date: 30 August 2023 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders and costs orders made Catchwords: COSTS – Party/party – Where multiple issues in proceedings – Where plaintiff largely successful in claims brought in one capacity and unsuccessful in claims brought in another capacity. 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: - Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: - Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 - Calderbank v Calderbank [1975] 3 All ER 333 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 - 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 Metal Storm Ltd (subject to deed of company arrangement) [2014] NSWSC 1170 - Ryde Developments Pty Ltd v Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 - Warburton v County Construction (NSW) Pty Ltd (No 3) [2022] NSWSC 1563 - Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) [2005] NSWSC 1111 Category: Consequential orders Parties: Vaughan Stanley Wellington (in his capacity as director of Carbon Copies Composites Pty Ltd (recs and mgrs apptd)) (First Plaintiff) Vaughan Stanley Wellington (Second Plaintiff) Darren John Vardy (in his capacity as receiver and manager of Carbon Copies Composites Pty Ltd (First Defendant) Colin James Hutchison (Second Defendant) Representation: Counsel: A J Bulley (First and Second Plaintiffs) S Bell (direct brief) (Second Defendant)