Fortress Credit Corporation (Australia) Pty Ltd v William John Fletcher (as liquidator of Octaviar Administration Pty Ltd (in liq)) (No 2) [2014] NSWSC 48

Supreme Court New South Wales

Medium Neutral Citation: Fortress Credit Corporation (Australia) Pty Ltd v William John Fletcher (as liquidator of Octaviar Administration Pty Ltd (in liq)) (No 2) [2014] NSWSC 48 Hearing dates: 5 September and 9 December 2013 Decision date: 10 February 2014 Jurisdiction: Equity Division Before: Robb J Decision: (1) Order the defendants to pay the plaintiff's costs of the proceedings on the ordinary basis. (2) Order the plaintiff to pay the reasonable costs of the defendants in complying with all of the orders made by the Court. (3) Liberty to the parties to apply on seven days' notice made to the associate to Robb J, including in relation to the resolution of any disputes that may arise between the parties concerning the implementation of the orders made by the Court, and any application by the plaintiff concerning the implementation of the order that the plaintiff pay the defendants' costs of complying with the orders made by the Court. Catchwords: PROCEDURE - costs - application for preliminary discovery under UCPR rule 5.4 - whether defendant conducted defence in an adversarial manner - defendant's costs of complying with order Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Bio Transplant Inc v Bell Potter Securities Ltd [2008] NSWSC 694 at [13] Steffen v ANZ Banking Group Ltd [2009] NSWSC 883 J & A Vaughan Super Pty Ltd v Becton Property Group Ltd [2013] FCA 340 at [17] Nielsen Company (Australia) Pty Ltd v Paul Sinkinson [2011] NSWSC 848 at [34] Category: Costs Parties: Fortress Credit Corporation (Australia) II Pty Limited (Plaintiff) William John Fletcher and Katherine Elizabeth Barnet as Liquidators of Octaviar Administration Pty Limited (In Liquidation) (Joint Defendants Representation: Counsel: C Bova (Plaintiff) B Coles QC and J Taylor (Defendants) Solicitors: Baker & McKenzie (Plaintiff) Henry Davis York (Defendants) File Number(s): 2013/00174439