In the matter of Joe & Joe Developments Pty Ltd (subject to a Deed of Company Arrangement) [2014] NSWSC 1703

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Joe & Joe Developments Pty Ltd (subject to a Deed of Company Arrangement) [2014] NSWSC 1703 Hearing dates: 7 November 2014 (in respect of orders and costs) Decision date: 01 December 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Parties directed to submit orders to give effect to judgment within 7 days, or such further time as is agreed between them. Catchwords: PROCEDURE - judgments and orders - disputed issues remaining before orders can be made to give effect to primary judgment in proceedings - declaratory relief - whether declaration sought by plaintiff should be granted - accounting - disbursements - form and function of schedule to be provided by first and second defendants for justification of professional fees incurred by their former solicitors - whether balance of proceedings should be referred to a referee.

CORPORATIONS - voluntary administration - deeds of company arrangement - right of indemnity - order sought by plaintiff under Corporations Act 2001 (Cth) s 447E - whether first and second defendants are entitled to indemnity from company's assets for costs incurred and remuneration in defending proceedings.

PROCEDURE - costs - general rule that costs follow the event - where there has been a mixed outcome in proceedings - whether reason shown to depart from general rule - apportionment of costs - whether costs should be payable forthwith. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 58, 60, 98, 101(4) - Corporations Act 2001 (Cth) ss 447E - Uniform Civil Procedure Rules 2005 (NSW) rr 20.24, 42.1 Cases Cited: - Attorney-General (NSW); Ex rel Corporate Affairs v Australian Softwood Forest Pty Ltd [1979] 2 NSWLR 73 - Australian Receivables Ltd v Tekitu Pty Ltd (subject to deed of company arrangement) (deed administrators appointed) [2011] NSWSC 1425 - Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 - Cresvale Far East v Cresvale Securities (No 2) [2001] NSWSC 791; (2001) 39 ACSR 622 - Cretazzo v Lombardi (1975) 13 SASR 4 - Cureton v Blackshaw Services Pty Ltd [2002] NSWCA 187 - Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 - Honest Remark Pty Ltd v Allstate Explorations NL [2006] NSWSC 735; (2006) 234 ALR 765 - Hughes v Western Australia Cricket Association (Inc) (1986) 8 ATPR 40-748 - Fiduciary Ltd v Morningstar Research Pty Ltd [2002] NSWSC 432; (2002) 55 NSWLR 1 - Re Colorado Products Pty Ltd (in prov liq) [2014] NSWSC 1509 - Re Elsmore Resources Ltd [2014] NSWSC 1390 - Re Metal Storm (subject to deed of company arrangement) [2014] NSWSC 1170 - Re RMGA Pty Ltd [2012] NSWSC 678 - Roache v News Group Newspapers [1992] TLR 551 - Short v Crawley (No 40) [2008] NSWSC 1302 - SingTel Optus Pty Ltd v Weston [2012] NSWSC 1002 Texts Cited: - PW Young, C Croft and ML Smith, On Equity, (2009, Lawbook Co) Category: Consequential orders Parties: Tony Elias (First Plaintiff) Emily Elias (Second Plaintiff) Kelly Elias (Third Plaintiff) George Elias (Fourth Plaintiff) Richard Albarran (First Defendant) Blair Pleash (Second Defendant) Joe & Joe Developments Pty Ltd (subject to a Deed of Company Arrangement) (Third Defendant) Representation: Counsel: R Marshall/D Moujalli (Plaintiffs) A W Smith (Defendants) Solicitors: Marsdens (Plaintiff) Hicksons Lawyers (Defendant) File Number(s): 2012/322387