Tanamerah Estates Pty Ltd v Tibra Capital Pty Ltd (No 2) [2013] NSWSC 616

Supreme Court New South Wales

Medium Neutral Citation: Tanamerah Estates Pty Ltd v Tibra Capital Pty Ltd (No 2) [2013] NSWSC 616 Hearing dates: In Chambers Decision date: 23 May 2013 Jurisdiction: Equity Division Before: Hallen J Decision: 1. Order that the application brought by Tanamerah and Mr Tydeman to set aside or vary the costs order be dismissed with costs. 2. The costs orders made against Mr Tydeman may be enforced forthwith. 3. In relation to Tanamerah, as the proceedings by it have been stayed, the costs orders may also be enforced forthwith. However, in the event that the matter proceeds with a solicitor retained by Tanamerah, before any costs order has been enforced, an application to stay the enforcement of the costs orders against it may be brought if the parties are unable to reach agreement on that issue. Catchwords: Application to set aside or vary costs order Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 Uniform Civil Procedure Rules 2005 Cases Cited: Bullabidgee Pty Ltd v McCleary (No 2) [2011] NSWCA 343 In the matter of Employ (No 96) Pty Limited (in liquidation) [2013] NSWSC 456 Kazar (liquidator) v Kargarian; Re Frontier Architects Pty Ltd (in liq) [2011] FCAFC 136; (2011) 284 ALR 237 Knight v FP Special Assets Ltd (1992) 174 CLR 178 Law Society of New South Wales v Jackson [1981] 1 NSWLR 730 May v Christodoulou [2011] NSWCA 75; (2011) 80 NSWLR 462 Northey v Bega Valley Shire Council [2012] NSWCA 28 Ohn v Walton (1995) 36 NSWLR 77 Redman v JGS Investment Holdings Pty Ltd & Ors; Redman v Arraj [2012] NSWSC 1575 Tobin v Ezekiel (No 2) [2012] NSWCA 409 Vacuum Oil Co Pty Ltd v Stockdale (1942) 42 SR NSW 239 Yakmor v Hamdoush (No 2) [2009] NSWCA 284; (2009) 76 NSWLR 148 Category: Procedural and other rulings Parties: Tanamerah Estates Pty Ltd (ACN 094 864 089) as trustee for the Alexander Superannuation Fund (first Plaintiff) James Tydeman (second Plaintiff) Tibra Capital Pty Ltd (Defendant) Representation: Counsel: Ms K Richardson (Defendant) James Tydeman appeared in person for Tanamerah Estates Pty Ltd Herbert Smith Freehills (Defendant) File Number(s): 2012/269942