Nauru Phosphate Royalties Trust (Receivers and Managers appointed) & Business Australia Capital Mortgage Pty Ltd (in liquidation) & Ors; Andrew Hugh Jenner Wily in his capacity as liquidator of Business Australia Capital Finance Pty Ltd & Ors v Nauru Phosphate Royalties Trust (Receivers and Managers appointed) & Ors [2008] NSWSC 1071

New South Wales Supreme Court

CITATION : Nauru Phosphate Royalties Trust (Receivers and Managers appointed) & Business Australia Capital Mortgage Pty Ltd (in liquidation) & Ors; Andrew Hugh Jenner Wily in his capacity as liquidator of Business Australia Capital Finance Pty Ltd & Ors v Nauru Phosphate Royalties Trust (Receivers and Managers appointed) & Ors [2008] NSWSC 1071

HEARING DATE(S) : 3/10/08

JUDGMENT DATE : 13 October 2008

JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

DECISION : Orders made for payment of costs by losing parties.

CATCHWORDS : Practice and Procedure - Costs - Indemnity costs ordered where counsel required to return briefs with new counsel being briefed

LEGISLATION CITED : Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cwlth)

CATEGORY : Consequential orders

Australian Development Corporation Pty Ltd v White Constructions (ACT) Pty Ltd (in liq) [2002] NSWSC 280 Green (as liquidator of Arimco Mining Pty Ltd) v CGU Insurance Ltd [2008] NSWCA 148 Grogan v Thiess Contractors Pty Ltd [2000] NSWSC 1101 Hexiva Pty Ltd v Lederer [2006] NSWSC 1259 CASES CITED : Lahoud v Lahoud [2006] NSWSC 126 Martin John Green in his capacity as liquidator of Arimco Mining Pty Ltd (in liquidation) v CGU Insurance Ltd [2008] NSWSC 929 Puntoriero v Water Administration Ministerial Corporation [2002] NSWSC 217 Silvia v Brodyn Pty Ltd (2007) 25 ACLC 385; [2007] NSWCA 55 Wilson Lovatt & Sons Ltd, Re [1977] 1 All ER 274 Work Childcare Holdings Pty Ltd (in liq) v Dwyer (No 3) [2007] NSWSC 97