In the matter of Liquor National Pty Ltd, Wine National Pty Ltd, Sundara Pty Ltd, Killara 10 Pty Ltd, James Estate Wines Pty Ltd, Print National Pty Ltd, Print National Australia Pty Ltd [2014] NSWSC 1896

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Liquor National Pty Ltd, Wine National Pty Ltd, Sundara Pty Ltd, Killara 10 Pty Ltd, James Estate Wines Pty Ltd, Print National Pty Ltd, Print National Australia Pty Ltd [2014] NSWSC 1896 Hearing dates: 29 October 2014 Decision date: 29 October 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Order made for respondent to pay costs of and incidental to interlocutory process, as agreed or as assessed, such costs to be paid forthwith. Catchwords: PROCEDURE – costs – general rule that costs follow the event – whether reason shown to depart from general rule – whether costs should be payable forthwith. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 98, 108 - Corporations Act 2001 (Cth) ss 420, 431, 1324 - Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: - Hamod v New South Wales [2007] NSWSC 707 - Milne v Attorney-General (Tasmania) [1956] HCA 48; (1956) 95 CLR 460 - Oschlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 - 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: Procedural and other rulings Parties: Neil Robert Cussen and Vaughan Neil Strawbridge (in their capacities as receivers and managers of Liquor National Pty Ltd, Wine National Pty Ltd, Sundara Pty Ltd, Killara 10 Pty Ltd, James Estate Wines Pty Ltd, Print National Pty Ltd, Print National Australia Pty Ltd (Applicants/Plaintiffs) David Anthony James (Respondent/Defendant) Representation: Counsel: L Livingston (Applicants/Plaintiffs) C A Chee (Respondent/Defendant)