In the matter of Checkling Pty Ltd (Rec & Mgr Apptd) - Clout v Whitton & ors [2011] NSWSC 305

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Checkling Pty Ltd (Rec & Mgr Apptd) - Clout v Whitton & ors [2011] NSWSC 305 Hearing dates: 22 March 2011 Decision date: 14 April 2011 Jurisdiction: Equity Division - Corporations List Before: Ward J Decision: Costs awarded in favour of plaintiffs on a party/party basis and thereafter on an indemnity basis Catchwords: COSTS - HELD - costs awarded in favour of plaintiffs on a party/party basis and thereafter on an indemnity basis Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: ASC v Aust-Home Investments Ltd (1993) 44 FCR 194 Austcorp Finance and Leasing Pty Ltd v Thomas (unreported, Supreme Court Queensland, 23 August 1991) Dean v Stockland Property Management Ltd (No 2) [2010] NSWCA 141 East West Airlines Ltd v Turner (No 2) [2010] NSWCA 159 J T Stratford & Son v Lindley (No 2) [1969] 1 WLR 1547; 3 All ER 1122 Liddle v Kooralbyn Pty Ltd (unreported, Supreme Court Queensland, 9 October 1987) R v Gold Coast City Council; Ex parte Raysun Pty Ltd [1971] QWN 13 Re Minister for Immigration and Ethnic Affairs: Ex parte Lai Qin (1997) 186 CLR 622 Category: Costs Parties: David Lewis Clout (Plaintiff) Equititrust Ltd (Second Plaintiff) Robert William Whitton (First Defendant) Rural Security Holdings Pty Ltd (Second Defendant) Checkling Pty Ltd (Rec & Mgr Apptd)(in liq) Third Defendant Syndicate Mortgage Securities Pty Ltd (Fourth Defendant) SMS CF Pty Ltd (Fifth Defendant) SMS (Common Fund) Pty Ltd (Sixth Defendant) Howard Hilton (Seventh Defendant) Alex Lankry (Eighth Defendant) Representation: Counsel: J Hogan-Doran (Plaintiff) B Levet (First Defendant) Ms C Byrne (Second Defendant) H Hilton (in person) (Seventh Defendant) Solicitors: Bransgroves Lawyers, as agent for Tucker & Cowen (Plaintiff) William Roberts Lawyers (First Defendant) File Number(s): 11/075311