BL & GY International Co Ltd v Hypec Electronics Pty Limited & Ors [2002] NSWSC 575

New South Wales Supreme Court

CITATION : BL & GY International Co Ltd v Hypec Electronics Pty Limited & Ors [2002] NSWSC 575 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 12674/97 HEARING DATE(S) : 15/3/02, 3/6/02, 7/6/02, 20/6/02, 21/6/02 JUDGMENT DATE : 28 June 2002

BL & GY International Co Limited - Plaintiff PARTIES : Hypec Electronics Pty Limited - first Defendant Colin Mead - Second Defendant Lucy Guitar Mead - Third Defendant JUDGMENT OF : Mathews AJ

LOWER COURT Supreme Court JURISDICTION : LOWER COURT 12674/97 FILE NUMBER(S) : LOWER COURT Mathews AJ JUDICIAL OFFICER :

COUNSEL : Mr J McCarthy QC with Mr Kildea, Mr P Bruckner - Plaintiff and Grace Yang Mr D Fagan with Mr V V Bedrossian - First and Second Defendant Ma & Co Plaintiff and Third Defendant SOLICITORS : Etheringtons Solicitors - First and Second Defendants Mr H Byrne - Third Defendant CATCHWORDS : Costs - plaintiff unsuccessful in principal proceedings, defendant unsuccessful in cross-claim - little or no separate evidence directed to cross-claim - plaintiff ordered to pay defendant's costs of entire proceedings - plaintiff's case found to be based on fabricated evidence - indemnity costs ordered - application for non-party to pay defendant's costs - whether the proceedings were an abuse of the process of the Court - whether costs should be awarded against a non-party who purported to commence the proceedings as an authorised director of the plaintiff - discretionary considerations involved - costs order made against non-party. LEGISLATION CITED : Corporations Law Oshlack v Richmond River Council (1998) 193 CLR 72 at 89 Knight v F.P. Special Assets Limited (1982) 174 CLR 178 CASES CITED : Williams v Spautz (1992) 174 CLR 509 Vestris v Cashman (1998) 72 SASR 449 Yates Property v Boland (1997) 147 ALR 685 DECISION : See paragraph 76