Mirembe Pty Ltd v Craig Dangar & ors [2010] NSWSC 637

New South Wales Supreme Court

CITATION : Mirembe Pty Ltd v Craig Dangar & ors [2010] NSWSC 637

HEARING DATE(S) : 4 May 2010 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 4 May 2010

DECISION : That the costs order made against the fifth defendant be set aside.

CATCHWORDS : PROCEDURE – Orders – setting aside – where costs order made against administrator personally in his absence – application to set aside.

LEGISLATION CITED : Uniform Civil Procedure Rules r 36.16(2)(b)

CATEGORY : Consequential orders

Mirembe Pty Ltd (as trustee of Verna Stewart Superannuation Fund) (plaintiff/respondent) Craig Gerard Dangar (first defendant) PARTIES : Deputy Dog Pty Ltd (second defendant) Meakin Pty Ltd (third defendant) NSW Finance & Leasing Pty Ltd (fourth defendant) Nicholas Crouch (as Deed Admin'r of NSW Finance & Leasing P/L) (fifth defendant/applicant)

FILE NUMBER(S) : SC 08/280480

COUNSEL : Mr S Donaldson SC (plaintiff/respondent) Mr A W Smith (fifth defendant/applicant)

SOLICITORS : Certus Law (plaintiff/respondent) Douros Lawyers (fifth defendant/applicant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

Tuesday 4 May 2010

2008/280480 Mirembe Pty Ltd as trustee of Verna Stewart Superannuation Fund v Craig Dangar & ors JUDGMENT (ex tempore)

1 HIS HONOUR: By notice of motion filed on 22 February 2010, the fifth defendant Nicholas Crouch, seeks an order pursuant to Uniform Civil Procedure Rules, r 36.16(2)(b), that order 3 orders made by me on 15 October 2009 in these proceedings be set aside. That order was an order that the fourth and fifth defendants pay the plaintiff's costs of the proceedings as against them. Although it appears that, at one stage, those advising the plaintiff may have taken the view that that order, properly construed, limited the fifth defendant's liability to some correspondence with him alone, that is no longer the view adopted on behalf of the plaintiff, who presumably contends that under the subject order the fifth defendant is jointly and severally liable with the fourth defendant for all the costs of the proceedings against both of them.