Sullivan v Energy Services International Pty Ltd [2006] NSWSC 843

New South Wales Supreme Court

CITATION : Sullivan v Energy Services International Pty Ltd [2006] NSWSC 843

HEARING DATE(S) : 01/08/06

JUDGMENT DATE : 21 August 2006

JURISDICTION : Equity Division

JUDGMENT OF : Young CJ in Eq

DECISION : The second defendant, being a voluntary liquidator, to pay personally costs of the plaintiff that were not paid by the first defendant, including the costs that the plaintiff is liable to pay to the third defendant.

CATCHWORDS : COSTS [566]- First defendant company had insufficient money to pay plaintiff's costs- Whether plaintiff's costs and plaintiff's costs paid to third defendant be paid by defendant voluntary liquidator personally- Special circumstances- Voluntary liquidator not an officer of the court- Liquidator involved in the first defendant's scheme- Liquidator paid himself in priority to the costs orders to be paid by the first defendant- Liquidator acted unreasonably and is to pay costs personally.

Cresvale Far East Ltd v Cresvale Securities Ltd (No 2) (2001) 39 ACSR 622 Hypec Electronics Pty Ltd v Mead (2004) 61 NSWLR 169 Kirwan v Cresvale Far East Ltd (2002) 44 ACSR 21 CASES CITED : Mead v Watson (2005) 23 ACLC 718 Re Home Investment Society (1880) 14 Ch D 167 Re London Metallurgical Company [1895] 1 Ch 758 Re Pacific Coast Syndicate Ltd [1913] 2 Ch 26 Tubbs v Futurity Investments Ltd [1998] 1 NZLR 471

PARTIES : Emily Sullivan t/as Sullivan's Transport and General Services (P) William Balfour Rangott (D2)

FILE NUMBER(S) : SC 2180/02

COUNSEL : R Weaver (P) I M Jackman SC (D2)

SOLICITORS : Adams Raves Marsh & Co (P) Gillespie-Jones & Co (D2)