In the matter of Featherston Resources Limited (Receiver and Manager Appointed) (Administrators Appointed) (New Zealand Company Number 887809) (No 2) [2014] NSWSC 1887

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Featherston Resources Limited (Receiver and Manager Appointed) (Administrators Appointed) (New Zealand Company Number 887809) (No 2) [2014] NSWSC 1887 Hearing dates: 22 August 2014 Date of orders: 22 August 2014 Decision date: 22 August 2014 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Proceedings dismissed; plaintiffs to pay defendants' costs; ninth defendant's costs on indemnity basis from date of Calderbank offer. Catchwords: PROCEDURE – costs – Calderbank offer – where more favourable to plaintiff than outcome - where offer not made in accordance with the Rules - whether costs should be paid on indemnity basis PROCEDURE – costs – deferral of costs - order – where issues may be litigated in foreign proceedings – whether to defer making costs order Legislation Cited: (Cth) Trans-Tasman Proceedings Act 2010 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Category: Costs Parties: Glenn Tetley (first plaintiff) Lyndsey Banfield (second plaintiff) Douglas Best (fourth plaintiff) AXL Limited (fifth plaintiff) Jacqueline and Quentin Partis (seventh plaintiff) Toby Iaccarino (eighth plaintiff) William Godfrey (tenth plaintiff) S Harold Koppe (eleventh plaintiff) Julian Management Services P/L (twelfth plaintiff) Josephine Gregan and John Percival (fourth defendants plaintiff) Charlene and Christopher Watts (fifteenth plaintiff) Thiry-Three Trading Pty Limited (sixteenth plaintiff) Emma Weston (first defendant) Simon Kember (second defendant) Timothy Goodacre (third defendant) FRCN Pty Ltd (fourth defendant) Featherston Resources Limited (fifth defendant) Adveco Fertilisers Pty Ltd (sixth defendant) James Mollison (seventh defendant) Driftwood Capital Pty Ltd (eighth defendant) Plaman Group Pty Ltd (ninth defendant) Representation: Counsel: C Botsman w P Meagher (plaintiffs) T Faulkner (first and fourth defendants) A W Smith (second and third defendants) J Svelha (seventh and eighth defendants) M Izzo (ninth defendants) Solicitors: Ashlaw Legal Services (plaintiffs) HWL Ebsworth (first and fourth defendants) ELaw Legal Services (second and third defendants) Hicksons (seventh and eighth defendants) King & Wood Mallesons (ninth defendant) File Number(s): 2013/377035