In the matter of Allscope Concrete & Pumping Pty Ltd (in liq) [2024] NSWSC 1680

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Allscope Concrete & Pumping Pty Ltd (in liq) [2024] NSWSC 1680 Hearing dates: Last submissions as to costs 14 November 2024 Date of orders: 30 December 2024 Decision date: 30 December 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders for costs made on an indemnity and gross sum basis Catchwords: COSTS – Whether costs should be made on an indemnity and gross sum basis Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98(1) - Uniform Civil Procedure Rules 2005 (NSW) Corporations Act 2001 (Cth), s 588FDA Cases Cited: - Brown v Stables Perisher Management Pty Ltd (No 2) [2022] NSWSC 902 - Cabport Pty Ltd v Marinchek (No 2) [2013] NSWCA 131 - Hamod v State of New South Wales (2002) 188 ALR 659; [2002] FCAFC 97 - Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (No 7) (2008) 65 ACSR 324; [2008] NSWSC 199 - Leichhardt Municipal Council v Green [2004] NSWCA 341 - Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 - Re Allscope Concrete & Pumping Pty Ltd (in liq) [2024] NSWSC 1476 - Re Beverage Freight Services Pty Ltd [2020] NSWSC 797 - Saba v Plumb [2017] NSWSC 955 Category: Costs Parties: Stephen John Michell (as liquidator of AllScope Concrete & Pumping Pty Ltd (in liq)) (Plaintiff) Ali Youssef (First Defendant) Commonwealth Bank of Australia (Second Defendant) Representation: Counsel: K Kelly (Solicitor) (Plaintiff)