Globe Capital Administration Pty Ltd v Cecil Developments Pty Ltd atf the Cecil Developments Unit Trust (Receivers and Managers appointed) (No. 2) [2023] NSWSC 1220

Supreme Court New South Wales

Medium Neutral Citation: Globe Capital Administration Pty Ltd v Cecil Developments Pty Ltd atf the Cecil Developments Unit Trust (Receivers and Managers appointed) (No. 2) [2023] NSWSC 1220 Hearing dates: 20 September 2023 Date of orders: 13 October 2023 Decision date: 13 October 2023 Jurisdiction: Equity Before: Slattery J Decision: Respondents ordered to pay two thirds of the applicant's costs of the application for preliminary discovery, subject to an order that the applicant pay the respondent's reasonable costs of producing the documents being discovered. Catchwords: COSTS – costs follow the event – Civil Procedure Act 2005, s 60 application for preliminary discovery – application successful after strong contest by the respondents – preliminary discovery relief granted in terms that amend the orders originally sought – whether the applicant should have an order for costs in its favour – whether an order should be made compensating the respondents in relation to the costs of complying with the orders made for preliminary discovery – discussion of the requirement for proportionality in incurring legal costs in Civil Procedure Act 2005, s 60 – discussion of the obligation of cooperation in fulfilling the objectives of Civil Procedure Act 2005, ss 56, 57 and 58. Legislation Cited: Civil Procedure Act 2005, ss 56, 57,58 and 60 Cases Cited: Airways Corp of New Zealand & Anor v The Present Partners of Pricewaterhouse Coopers Legal & Anor [2002] NSWSC 521 Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd & Ors [2008] NSWCA 243 BGS Securities (Australia) Pty ltd v Shillington [2022] NSWSC 807 Globe Capital Administration Pty Ltd v Cecil Developments Pty Ltd atf the Cecil Developments Unit Trust (Receivers and Managers appointed) [2023] NSWSC 574 Gooley & Ors v Breda Pty Ltd & Ors (No. 2) [2017] NSWSC 1505 Steffen v ANZ Banking Group [2009] NSWSC 883 Texts Cited: D. Ipp, "Lawyers Duties to the Court" (1998) 114 Law Quarterly Review 63. Category: Costs Parties: Applicant: Globe Capital Administration Pty Ltd ACN 608 004 299 First Respondent: Cecil Developments Pty Limited atf the Cecil Developments Unit Trust (Receivers and Managers appointed) ACN 619 221 644 Second Respondent: Gemi 168 Pty Ltd ACN 638 719 641 Third Respondent: David Hurst in his capacity as Receiver and Manager over properties owned by Cecil Developments Pty Ltd Fourth Respondent: David Sampson in his capacity as Receiver and Manager over properties owned by Cecil Developments Pty Ltd Representation: Counsel: Applicant: M. Thompson Respondents: H. Sommerville;