In the matter of Anglican Development Fund Diocese of Bathurst Board (recs and mgrs apptd) [2015] NSWSC 59

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Anglican Development Fund Diocese of Bathurst Board (recs and mgrs apptd) [2015] NSWSC 59 Hearing dates: 26 and 28 November 2014 Decision date: 26 February 2015 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Order that an interim distribution to creditors is permitted. Order that Receivers' costs be costs in the receivership. No order as to costs of creditor opposing interim distribution. Catchwords: PROCEDURE – costs – general rule that costs follow the event – whether reason shown to depart from general rule – where creditor opposed distribution by Receivers. Legislation Cited: - Civil Procedure Act 2005 (NSW) s 98 - Corporations Act 2001 (Cth) s 423 - Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: - Alsop Wilkinson (a firm) v Neary [1996] 1 WLR 1220 - BE Australia WD Pty Ltd (subject to a Deed of Company Arrangement) v Sutton [2011] NSWCA 414; (2011) 285 ALR 532 - Hughes v NM Superannuation Pty Ltd (1993) 29 NSWLR 653 - Re All Class Insurance Brokers Pty Ltd (in liq); Vardy v Westpac Banking Corp [2014] NSWSC 475 - Re Buckton [1907] 2 Ch 406 - Re Perpetual Investment Management Ltd [2011] NSWSC 615 Category: Costs Parties: Barry Frederic Kogan and Joseph David Hayes in their capacity as receivers and managers of the Anglican Development Fund Diocese of Bathurst Board (recs and mgrs apptd) (Plaintiffs/Applicants) Anglican Development Fund Diocese of Bathurst Board (recs and mgrs apptd) (Defendant) Anglican Property Trust Diocese of Bathurst Board (Appearing on application) Representation: Counsel: A G Bell SC/E L Beechey (Plaintiffs/Applicants) D R Stack (Anglican Property Trust Diocese of Bathurst)