Work Childcare Holdings Pty Ltd (In Liq) & Anor v Phillip Redmond Dwyer by his tutor Patricia Alice Clark (No. 3) [2007] NSWSC 97

New South Wales Supreme Court

CITATION : Work Childcare Holdings Pty Ltd (In Liq) & Anor v Phillip Redmond Dwyer by his tutor Patricia Alice Clark (No. 3) [2007] NSWSC 97 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 11/12/06

JUDGMENT DATE : 20 February 2007

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : White J

DECISION : 1. Order that the plaintiffs pay the defendant's costs of the originating process; 2. Order that the plaintiffs pay the defendant's costs of the defendant's interlocutory process filed on 10 November 2006 on an indemnity basis.

CATCHWORDS : COSTS - Liquidator - Proceedings initiated by liquidator were unsuccessful - Whether sufficient reason to depart from usual order that plaintiffs pay costs on party/party basis - Personal liability - Costs where subject matter of interlocutory process unreasonably contested by liquidator - Order that costs relating to interlocutory process be paid by plaintiffs on indemnity basis - No issue of principle.

Real Property Act 1900 (NSW) LEGISLATION CITED : Corporations Act 2001 (Cth) Civil Procedure Act 2005 (NSW)

Work Childcare Holdings Pty Ltd (In Liq) & Anor v Phillip Redmond Dwyer by his tutor Patricia Alice Clark [2006] NSWSC 1443 Re Wilson Lovatt & Sons Ltd [1977] 1 All ER 274 CASES CITED : Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 One.Tel Ltd v Deputy Commissioner of Taxation (2000) 101 FCR 548

Work Childcare Holdings Pty Ltd (In Liq) & Anor PARTIES : v Phillip Redmond Dwyer by his tutor Patricia Alice Clark (No. 3)