Joubert v Campbell Street Theatre Pty Ltd (In Liquidation) [2011] NSWCA 302

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Joubert v Campbell Street Theatre Pty Ltd (In Liquidation) [2011] NSWCA 302 Hearing dates: 5 September 2011 Decision date: 05 September 2011 Before: Allsop P at 1 and 26 Campbell JA at 20 and 24 Macfarlan JA at 21 and 25 Decision: 1. Appeal allowed. 2. Set aside the orders made on 27 October 2010 in the Court below. 3. Remit the matter to the Equity Division for redetermination of the costs of the proceedings. 4. Costs of the appellant and the second respondent (Arena Management Pty Limited (in liquidation)) to the appeal to abide the result of the remitted proceedings and to be dealt with by the judge of the Equity Division dealing with the remitted proceedings. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COSTS - against non-parties - liquidator -order to pay costs personally on indemnity basis - matter dealt with on the papers - failure to hear liquidator denial of procedural fairness - case remitted on question of costs. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 51.53 Cases Cited: Stead v State Government Insurance Commission [1986] HCA 54; 161 CLR 141 Texts Cited: M I Aronson et al, Judicial Review of Administrative Acts (4th Ed, 2004) Category: Principal judgment Parties: Randall Joubert (Appellant) Campbell Street Theatre Pty Limited (Receiver and Manager Appointed) (In Liquidation) (First Respondent) Arena Management Pty Limited (Receiver and Manager Appointed) (In Liquidation) (Second Respondent) Representation: Mr G P George (Appellant) Mr D J Barnett (First Respondent) Mr R Hawkins, Solicitor (Second Respondent) Pateman Legal & Corporate Services (Appellant) Piper Alderman Lawyers (First Respondent) Henry Davis York Lawyers (Second Respondent) File Number(s): 2009/290258 Decision under appeal Jurisdiction: 9111 Citation: Arena Management Pty Ltd (Admin App) (Rec & Mgrs App) & Anor v Campbell Street Theatre Pty Ltd (No 2) [2010] NSWSC 1230 Date of Decision: 2010-10-27 00:00:00 Before: Palmer J File Number(s): 2010/290258