Hu v PS Securities Pty Ltd as trustee of the Joseph Family Trust & anor [2011] NSWSC 362

Supreme Court New South Wales

Medium Neutral Citation: Hu v PS Securities Pty Ltd as trustee of the Joseph Family Trust & anor [2011] NSWSC 362 Decision date: 03 May 2011 Before: Ward J Decision: Costs orders made in favour of second defendant only Catchwords: COSTS - applications by each of the parties as to costs of applications for leave to bring derivative proceedings and to strike out plaintiff's statement of claim - application by second defendant for indemnity costs assessable and payable forthwith - HELD - plaintiff to pay second defendant's costs of on party/party basis of day's hearing only - costs to be assessed and payable forthwith - no other order as to costs Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Australian Federation of Consumer Organisations Inc v Tobacco Institute (Aust) Limited (1991) 100 ALR 568 Bostik Australia Pty Limited v Liddiard (No 2) [2009] NSWCA 304 Bowen Investments Pty Limited v TAB Corp Holdings Limited (No 2) [2008] FCAFC 107 Cantle v Douglas [1921] St R Qd 253 Dodds Family Investments Pty Limited v Lane Industries Pty Limited (1993) 26 IPR 261 Fexuto v Bosnjak Holdings Pty Limited (No 3) (1998) 30 ACSR 20 Fountain Selected Meats (Sales) Pty Limited v International Produce Merchants Pty Limited (1988) 81 ALR 397 Hughes v Western Australian Cricket Association (1986) ATPR 40-748 James v Surf Road Nominees (No 2) [2005] NSWCA 296 Mitropolous v Greek Orthodox Church and Community of Marrickville & District Ltd (1993) 10 ACSR 134 Oshlack v Richmond River Council (1998) 193 CLR 72 Owners Strata Plan No 64970 v Austruc Constructions Ltd (in liq) (No 5) [2010] NSWSC 568 Pacific General Securities Limited v Soliman & Sons Pty Limited [2006] NSWSC 724 Ritter v Godfrey [1920] 2 KB 47 Roache v News Group Newspapers [1998] EMLR 161 Timms v Clift [1998] 2 Qd R 100 Category: Costs Parties: Helena Hu (Plaintiff) PS Securities Pty Ltd as Trustee of the Joseph Family Trust (First Defendant) Alphena Pty Ltd (in liq) (Second Defendant) Representation: Counsel: M W Young with S O'Brien (Plaintiff) H Stowe (First Defendant) M Condon (Second Defendant) Solicitors: Dixon Holmes du Pont Lawyers (Plaintiff) Mooney & Kennedy (First Defendant) Sage Solicitors (Second Defendant) File Number(s): 10/425147