In the matter of Kevin Jacobsen Pty Limited (receivers and managers appointed) (in liquidation) [2012] NSWSC 668

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Kevin Jacobsen Pty Limited (receivers and managers appointed) (in liquidation) [2012] NSWSC 668 Hearing dates: 18 May 2012 Decision date: 19 June 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Consent orders made. Parties to be heard as to form of costs order and costs in respect of hearing on 18 May 2012. Catchwords: COSTS - Indemnity costs - Application for indemnity costs in respect of order for production and argument as to legal professional privilege - Whether costs should follow the event in circumstances where there has been no adjudication on the merits. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 98 - Corporations Act 2001 (Cth) s 596A - Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: - Carey v Korda & Anor (in their capacity as receivers and managers of Huntingdale Village Pty Ltd (recs and mgrs apptd) (No 2) [2011] WASC 220; (2011) 85 ACSR 331 - Chen v Chan [2009] VSCA 233 - Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; 118 ALR 248 - Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (No 7) [2008] NSWSC 199; (2008) 65 ACSR 324 - Lake Burrendong State Park Trust v Thompson [2011] NSWSC 1554 - Lahoud v Lahoud [2006] NSWSC 126 - Liverpool City Council v Estephan [2009] NSWCA 161 - Mead v Watson (as liquidator for Hypec Electronics) [2005] NSWCA 133; (2005) 23 ACLC 718 - Ng v Chong [2010] NSWSC 127 - Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 - White Constructions (ACT) Pty Ltd (in liq) v GB White [2004] NSWSC 303 Category: Interlocutory applications Parties: John Frederick Lord (Applicant) John Sheahan & Ian Lock as joint and several liquidators of Kevin Jacobsen Pty Limited (receivers and managers appointed) (in liquidation) (Respondent) Representation: Counsel: C. Mantziaris (Applicant) M. Stevens (Solicitor) (Respondent) Solicitors: Macpherson & Kelley Lawyers (Applicant) O'Neill Partners (Respondent) File Number(s): 11/245444