Parbery v Toda [2007] NSWSC 1163

New South Wales Supreme Court

CITATION : Parbery v Toda [2007] NSWSC 1163

HEARING DATE(S) : 15/10/07, 16/10/07

JUDGMENT DATE : 16 October 2007

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

EX TEMPORE JUDGMENT DATE : 16 October 2007

DECISION : Plaintiffs to pay costs of first, third, fourth and fifth defendants. Such costs not to be claimed as secured by mortgage under which first and second plaintiffs were appointed receivers by third plaintiff or as costs of receivership or to be recoverable from third defendant or any persons who have guaranteed or secured the third defendant's liability to the third plaintiff

CATCHWORDS : PROCEDURE - costs - where no determination on the merits - where principal claims formulated in such a way that they would have failed - where first defendant offered consensual resolution that would have avoided ex parte relief

LEGISLATION CITED : Corporations Act 2001 (Cth), s.431

CASES CITED : Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622

Stephen James Parbery (in his capacity as joint and several receiver and manager of McArthur Corporation Pty Ltd) (Receivers and Managers appointed) - First Plaintiff Christopher Clarke Hill (in his capacity as joint and several receiver and manager of McArthur Corporation Pty Ltd) (Receivers and Managers appointed) - Second Plaintiff GE Commercial Corporation (Australia) Pty Ltd - Third Plaintiff Carlos Toda in his personal capacity and trading as Carlos Toda & Co Commercial Lawyers - First Defendant PARTIES : Ross Phillip Mottershead and Murray Roderick Godfrey trading as RMG Partners - Second Defendant McArthur Corporation Pty Ltd (Receivers and Managers Appointed) - Third Defendant Jon Charles McArthur - Fourth Defendant Richard Walter Fritsche - Fifth Defendant Cromwell Corporation Limited - Sixth Defendant Paclib Industrial Pty Limited - Seventh Defendant