In the matter of Australian Property Custodian Holdings Limited (in liquidation) (receivers and managers appointed) (as responsible entity of the Prime Retirement Aged Care Property Trust) (No 2) [2012] NSWSC 881

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Australian Property Custodian Holdings Limited (in liquidation) (receivers and managers appointed) (as responsible entity of the Prime Retirement Aged Care Property Trust) (No 2) [2012] NSWSC 881 Hearing dates: 22 May 2012 Decision date: 02 August 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Detailed orders as to costs and other consequential orders made. Catchwords: COSTS - Costs and consequential orders - Indemnity costs - Whether such circumstances exist as to warrant departure from usual order for costs on a party/party basis. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 98(1) - Uniform Civil Procedure Rules 2005 (NSW) rr 42.1, 42.2, 42.5, 42.7, 42.7(2) Cases Cited: - Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; 118 ALR 248 - Hamod v State of New South Wales [2002] FCAFC 97; (2002) 188 ALR 659 - Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (No 7) [2008] NSWSC 199; (2008) 65 ACSR 324 - Lahoud v Lahoud [2006] NSWSC 126 - Liverpool City Council v Estephan [2009] NSWCA 161 - Ng v Chong [2010] NSWSC 127 - Ritson v Gay & Lesbian Community Publishing Ltd [2012] NSWSC 586 - White Constructions (ACT) Pty Ltd (in liq) v G B White [2004] NSWSC 303 Texts Cited: - Ritchie's Uniform Civil Procedure NSW Category: Consequential orders Parties: Brentwood Village Limited (Plaintiff) Australian Property Custodian Holdings Limited (in liquidation) (receivers and managers appointed) (First Defendant) Industry Funds Management (Nominees 2) Pty Limited (Second Defendant) Prime Retirement Aged Care Property Trust (Third Defendant) Brentwood Village Management Pty Limited (Fourth Defendant) Representation: Counsel: J.T. Johnson (Plaintiff) No appearance (First Defendant) T.M. Thawley (Second Defendant) No appearance (Third Defendant) J.C. Hewitt (Fourth Defendant) Solicitors: DC Balog & Associates (Plaintiff) No appearance (First Defendant) Arnold Bloch Leibler (Second Defendant) No appearance (Third Defendant) Clifford Chance (Fourth Defendant) File Number(s): 11/271554