Pastrello v Pastrello [2025] NSWSC 62

Supreme Court New South Wales

Medium Neutral Citation: Pastrello v Pastrello [2025] NSWSC 62 Hearing dates: In chambers Date of orders: 18 February 2025 Decision date: 18 February 2025 Jurisdiction: Equity Before: Slattery J Decision: Limited order for costs made plaintiff's favour. Catchwords: COSTS – Party/Party – General rule that costs follow the event – Proceedings discontinued or dismissed – plaintiff brings proceedings for the production of documents by the defendants – plaintiff claims he needed the documents to discharge his duties as a director of two companies – defendants are alleged to have withheld documents and only produced them on a piecemeal basis after proceedings commenced – Court appoints receivers and managers to manage the affairs of both companies after the proceedings were commenced – plaintiff no longer wishes to pursue the relief in the proceedings as a result of the appointment of the receivers and managers – defendants accept that the proceedings should no longer be continued – defendants seek an order that each party should bear its own costs of the proceedings – plaintiff seeks an order that the defendant pay the plaintiff's costs – whether one or other party conducted themselves unreasonably – whether one or other party was likely to have been successful in the proceedings. Legislation Cited: Corporations Act 2001 (Cth) ss 198F, 290 Cases Cited: Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194; (1993) 116 ALR 523 Box v Gadsden Pty Limited [2003] NSWSC 748 Estate of Bourke [2024] NSWSC 280 Estate of Lorenzo Antonio Pastrello [2024] NSWSC 734 Geneva Finance Ltd; Quigley (receiver and manager appointed) v Cook (1992) 7 WAR 496 Minister for Ethnic Affairs (Commonwealth); ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84 Saravinovska v Saravinovski [2020] NSWSC 1232 Walden v Foodco Group Pty Ltd [2009] NSWSC 45 Texts Cited: N/A Category: Costs Parties: Robert Pastrello (Plaintiff) Eddy Pastrello (First Defendant) Luisa Pastrello (Second Defendant) Representation: Counsel: A Avery-Williams (Plaintiff) D Cook SC (Defendants)