Franks v Equitiloan Securities Pty Ltd (No 2) [2008] NSWSC 456

New South Wales Supreme Court

CITATION : Franks v Equitiloan Securities Pty Ltd (No 2) [2008] NSWSC 456

HEARING DATE(S) : 4 April 2008 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 4 April 2008

DECISION : Interest allowed in full. First defendant to pay plaintiff's costs except those attributable to claim against third and fourth defendants. Plaintiff to pay defendants' costs attributable solely to third and fourth defendants. Plaintiff not to be personally liable for costs of cross-claim. Cross-defendant to pay cross-claimant's costs.

CATCHWORDS : COSTS – where successful plaintiff fails on some issues and against some defendants – where plaintiff unsuccessfully defends cross-claim on behalf of corporate cross-defendant pursuant to (CTH) Corporations Act 2001, s 237. - INTEREST – whether to be reduced on account of delay.

LEGISLATION CITED : Civil Procedure Act 2005, s 90(2)

CATEGORY : Consequential orders

CASES CITED : Franks v Equitiloan Securities Pty Ltd [2008] NSWSC 33 HPM Pty Ltd v Fear [2002] WASCA 249 (S)

4333/00: Phillip Maurice Franks (plaintiff/first cross-defendant) Equitiloan Securities Pty Limited (first defendant/second cross-claimant) Equitiloan Limited (second defendant/first cross-claimant) Wayne McIvor (third defendant) Mark McIvor (fourth defendant) PARTIES : Windy Dropdown Pty Limited (second cross-defendant) 3435/01: Equitiloan Limited (plaintiff) Windy Dropdown Pty Limited (defendant) 2473/06: Equititrust Limited (plaintiff) Martin John Green, Administrator (first defendant) Peter Paul Krejci, Administrator (second defendant)