Hall & Ors v Poolman & Ors (No 2) [2007] NSWSC 1494

New South Wales Supreme Court

CITATION : Hall & Ors v Poolman & Ors (No 2) [2007] NSWSC 1494

HEARING DATE(S) : Written submissions

JUDGMENT DATE : 20 December 2007

JURISDICTION : Equity Division

JUDGMENT OF : Palmer J

DECISION : See paragraph 19.

CATCHWORDS : ORDERS – Whether costs order should be made against Commissioner for costs incurred after he admitted liability – whether stay should be ordered pending appeal – whether enquiry into Liquidators' conduct should proceed.

LEGISLATION CITED : Corporations Act 2001 (Cth) – s. 536, s 588FGA

CASES CITED : - Hall & Ors v Poolman & Ors [2007] NSWSC 1330 - Sims v Commissioner of Taxation [2007] NSWSC 1359

Gregory Winfield Hall (First Plaintiff (2032/04, 2685/04)) Philip Patrick Carter (1st Plaintiff (2032/04), 2nd Plaintiff (2685/04)) Reynolds Wines Ltd (R&M Appointed) (in liq) (2nd Plaintiff (2032/04), 2nd Respondent (2685/04), 1st Plaintiff (4870/05)) Reynolds Vineyards Pty Ltd (R&M App) (In liq) (3rd Plaintiff (2032/04), 2nd Plaintiff (4870/05)) Peter Renwick Poolman (1st Defendant (2032/04), 1st Respondent (2685/04)) Malcolm Geoffrey Irving (2nd Defendant/Cross Claimant (2032/04), 2nd Respondent/Applicant (2685/04)) PARTIES : Constance Helen Poolman (3rd Defendant (2032/04), Defendant (4870/05)) Kalivise Pty Ltd (4th Defendant (2032/04)) Sennabeau Pty Ltd (5th Defendant (2032/04)) Morecraft Kitchens & Joinery Pty Ltd (6th Defendant (2032/04)) John Giske Martini (1st Cross Defendant/Cross Claimant (2032/04), 3rd Respondent (2685/04)) Rupert Clifton-Bligh (2nd Cross Defendant (2032/04), 1st Respondent (2685/04)) Sandra Lee Yates (1st Cross Defendant (2032/04), 4th Respondent (2032/04)) Commissioner of Taxation (Defendant/Applicant (2685/04))