Hawes & anor v Dean & ors (Costs) [2013] NSWSC 1246

Supreme Court New South Wales

Medium Neutral Citation: Hawes & anor v Dean & ors (Costs) [2013] NSWSC 1246 Hearing dates: 14 August 2013 Decision date: 03 September 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Order that third defendant Hawden Property Group Pty Limited be wound up and that Mr John Vouris of Lawler Partners be appointed liquidator of the third defendant. Order that fourth defendant Hawden Constructions Pty Limited be wound up and that Mr John Vouris of Lawler Partners be appointed liquidator of the fourth defendant. Give judgment that the first cross-defendant David Richard Hawes and the second cross-defendant Glenside Group Pty Ltd pay the second cross-claimant Hawden Property Group Pty Limited the sum of $534,187.23 (inclusive of interest of $190,187.23 to 14 August 2013). This judgment takes effect on 14 August 2013. Give judgment that the first cross-defendant David Richard Hawes and the second cross-defendant Glenside Group Pty Ltd pay the first cross-claimant Trevor Laurence Dean the sum of $32,801.99 (inclusive of interest to 14 August 2013). This judgment takes effect on 14 August 2013. Give judgment for the third cross-defendant Warr Pty Limited on the cross-claim brought against it by Trevor Laurence Dean on behalf of Hawden Property Group Pty Limited under the Warrawee Deed. Give judgment for the first cross-defendant David Richard Hawes and the second cross-defendant Glenside Group Pty Limited on the cross-claim brought against them by Trevor Laurence Dean on behalf of Hawden Group Pty Limited in respect of their guarantee of the obligations of Warr Pty Limited under the Warrawee Deed. Give judgment for the first cross-defendant David Richard Hawes on the cross-claim brought against him by Trevor Laurence Dean on behalf of Hawden Property Group Pty Limited in respect of interest on differential drawings. No order as to costs, to the intent that each party bear its own costs. Catchwords: EQUITY - Equitable set-off - mutuality not required - whether countervailing liabilities are sufficiently connected - identity of beneficial interest