In the matter of Elsmore Resources Ltd [2014] NSWSC 1390

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Elsmore Resources Ltd [2014] NSWSC 1390 Hearing dates: 1 September 2014 Decision date: 10 October 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Order made for plaintiff to pay costs of and incidental to security for costs application, as agreed or as assessed. Catchwords: PROCEDURE - costs - interlocutory application - whether costs should be payable forthwith - relevant considerations - whether any unreasonable conduct on behalf of plaintiff in resisting interlocutory application. Legislation Cited: - Uniform Civil Procedure Rules 2005 (NSW) r 42.7(2) Cases Cited: - Fiduciary Ltd v Morningstar Research Pty Ltd [2002] NSWSC 432; (2002) 55 NSWLR 1 - Hamod v New South Wales [2007] NSWSC 707 - Power Infrastructure Pty Ltd v Downer EDI Engineering Power Pty Ltd (No 2) [2010] FCA 1347 - Rafferty v Time 2000 West Pty Ltd (No 3) [2009] FCA 727; (2009) 257 ALR 503 Category: Costs Parties: Elsmore Resources Ltd (Plaintiff) Ashley Grant Howard (First Defendant) Periwinkle Investments Pty Ltd (Second Defendant) Harry Fung (Third Defendant) HF Global Financial Solutions Pty Ltd (Fourth Defendant) Representation: Counsel: E Cox (Plaintiff/Respondent) P Caillard (Third Defendant/Applicant) Solicitors: Norton White (Plaintiff/Respondent) Rockwell Olivier (Third Defendant/Applicant) File Number(s): 2014/57738