BL & GY International Company Limited v Hypec Electronic Pty Limited; Colin Anthony Mead v DP Watson (as Liquidator of Hypec Electronics Pty Ltd in liquidation) & Ors [2003] NSWSC 1138

New South Wales Supreme Court

CITATION : BL & GY International Company Limited v Hypec Electronic Pty Limited; Colin Anthony Mead v DP Watson (as Liquidator of Hypec Electronics Pty Ltd in liquidation) & Ors [2003] NSWSC 1138 HEARING DATE(S) : 4/12/02 JUDGMENT DATE : 4 December 2003 JURISDICTION: Equity Division JUDGMENT OF : Einstein J DECISION : Costs orders made.

CATCHWORDS : Costs LEGISLATION CITED : Corporations Act 2001 (Cth) CASES CITED : Oshlack v Richmond River Council (1998) 193 CLR 72 Process Engineering Pty Limited v Derby Meat Processing Pty Limited (1976) 1 ACLR 352 BL & GY International Company Limited (Plaintiff 1933/01) PARTIES : Hypec Electronics Pty Limited (Defendant 1933/01) Colin Anthony Mead (Plaintiff 3832/01) DP Watson (Defendant 3832/01) FILE NUMBER(S) : SC 1933/01; 3832/01 Mr S Bell (for BL & GY International Co Limited in both matters) Mr D Fagan SC with Mr V Bedrossian (for Colin Mead in both matters) COUNSEL : Mr P H Greenwood SC with Mr T J Morahan (for DP Watson the liquidator of Hypec Electronics Pty Limited)

Ian B Mitchell (BL & GY International Co. Ltd) SOLICITORS : Etheringtons Solicitors (Colin Mead) A R Connolly & Co. (for DP Watson the liquidator of Hypec Electronics Pty Limited)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Einstein J

Thursday 4 December 2003 ex tempore Revised 8 December 2003

001933/01 - BL & GY INTERNATIONAL CO LIMITED v HYPEC ELECTRONICS PTY LIMITED

003832/01 - COLIN ANTHONY MEAD v DAVID PATRICK WATSON AS LIQUIDATOR OF HYPEC ELECTRONICS PTY LIMITED (IN LIQUIDATION) AND OTHERS JUDGMENT The applications before the Court 1 On 28 August 2001 the Court made orders empowering Mr Colin Mead to act in the name of Hypec Electronics Pty Limited (in Liquidation) ["Hypec"] in common law proceedings no 1264 of 1997. 2 Mr Mead's application for these orders had been contested by the liquidator of the company, Mr Watson, and by BL & GY International Co Limited "BL & GY"], the plaintiff in the Common Law Division proceedings. The costs of Mr Mead's application were reserved. The orders presently sought by Mr Mead in terms of costs are as follows: