Highfields Australia Pty Ltd v Advanced Motor Dealers Group Pty Ltd (Receiver and Manager Appointed) (No 2) [2024] NSWSC 35

Supreme Court New South Wales

Medium Neutral Citation: Highfields Australia Pty Ltd v Advanced Motor Dealers Group Pty Ltd (Receiver and Manager Appointed) (No 2) [2024] NSWSC 35 Hearing dates: On the papers Date of orders: 1 February 2024 Decision date: 01 February 2024 Jurisdiction: Equity Before: Richmond J Decision: See [30] Catchwords: COSTS — party/party — orders when proceedings involve multiple parties — how parties liable JUDGMENTS AND ORDERS — stay of execution — pending appeal Legislation Cited: Personal Property Security Act 2009 (Cth) Cases Cited: Brown v Petranker (1991) 22 NSWLR 717 Highfields Australia Pty Ltd v Advanced Motor Dealer Group Pty Ltd (Receiver and Manager Appointed) [2023] NSWSC 1458 McLean Tecnic v Digi-Tech (2002) 55 NSWLR 77; [2002] NSWCA 383 Northside Developments Pty Ltd v Registrar-General (1990) 170 CLR 146; [1990] HCA 32 Probiotec Ltd v The University of Melbourne (2008) 166 FCR 30; [2008] FCAFC 5 Urban Transport Authority of New South Wales v Nweiser (1992) 28 NSWLR 471 Victoria v Sutton (1998) 195 CLR 291; [1998] HCA 56 Westpac v Bell Group (No 3) (2012) 44 WAR 1; [2012] WASCA 157 Texts Cited: GE Dal Pont, Law of Costs (5th ed, 2021) GE Dal Pont, Law of Agency (4th ed, 2020) Category: Consequential orders Parties: Highfields Australia Pty Ltd (Plaintiff) Advanced Motor Dealers Group Pty Ltd (Receivers and Managers Appointed) and Shumit Banerjee (1st and 3rd Defendants) Joseph Anthony Touma (2nd Defendant) Representation: Counsel: P Afshar and J Pokoney (Plaintiff) J Foley (1st and 3rd Defendants) H Somerville (2nd Defendant)