Grace v Grace (No 4) [2013] NSWSC 385

Supreme Court New South Wales

Medium Neutral Citation: Grace v Grace (No 4) [2013] NSWSC 385 Hearing dates: Thursday 28 March 2013 Decision date: 28 March 2013 Jurisdiction: Equity Division Before: Brereton J Decision: First and second defendants pay 62.5% of plaintiff's costs of proceedings including of cross claim, as assessed. Extend time for compliance with previous orders. Catchwords: COSTS - Where plaintiff successful on the whole but unsuccessful on two significant issues - where unsuccessful claims bear on issues of credit in successful claims - whether plaintiff should be deprived of costs for the unsuccessful claims - whether plaintiff should be liable to defendant for costs for unsuccessful claims - whether claims were clearly definable and severable issues

COSTS - whether apportioning costs should be left to costs assessor

PROCEDURE - application for inquiry as to damages - where plaintiff has given undertaking as to damages in connection with appointment of provisional liquidator - where plaintiff sought winding up order in the alternative - where winding up order not ultimately made but plaintiff placed in control of company

PROCEDURE - Application for extension of time to apply to examine defendants' accounts - where new issues have been raised after time expired - where no prejudice to defendant in granting the extension Legislation Cited: (Cth) Corporations Act 2001 s 233 Cases Cited: Alessi v The Original Australian Art Co Pty Ltd (1989) 7 ACLC 595 Evans & Associates v European Bank Limited [2009] NSWCA 67 Grace v Grace [2007] NSWSC 6 Griffith v Australian Broadcasting Corporation [2011] NSWCA 145 Hexiva Pty Ltd v Lederer [2006] NSWSC 1259 Macquarie International Health Clinic Pty Ltd v Sydney South-West Area Health Service (No 2) [2011] NSWCA 171 Category: Costs Parties: David Alexander Grace (plaintiff) Deborah Sharon Grace (first defendant) Julienne Grace (second defendant) Nevilda Holdings Pty Ltd (prov liq'r appted) (third defendant) Nevilda Investments Pty Ltd (prov liq'r appted) (fourth defendant) Dutchie Pty Ltd (sixth defendant) Phoenix Rising Investments Pty Ltd (seventh defendant) Representation: Counsel: D Williams SC w S Goodman (plaintiff) A Moses SC w D Stewart (first, second & seventh defendants) Solicitors: James Tuite & Associates (plaintiff) Clinch Long Letherbarrow Pty Ltd (first, second & seventh defendants) File Number(s): 2006/259566