In the matter of Imperium Projects Pty Limited [2015] NSWSC 123

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Imperium Projects Pty Limited [2015] NSWSC 123 Hearing dates: 25 – 27 November 2014 (last submissions as to orders 25 February 2015) Decision date: 26 February 2015 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made granting leave to bring derivative action. Order that, subject to further order, the second and third defendants pay half of the plaintiff's costs of the application for leave if the substantive proceeding is successful as against the first defendant. Catchwords: PROCEDURE – costs – interlocutory proceedings – costs in the cause – where Plaintiff only successful in part – whether departure from general rule. Legislation Cited: - Corporations Act 2001 (Cth) ss 181, 182, 237, 242, 500, 1317E, 1317H - Civil Procedure Act 2005 (NSW) s 98(1) - Uniform Civil Procedure Rules (NSW) r 42.1, 42.7 Cases Cited: - Al Khaled v Jacaranda Property Developments Pty Ltd & Ors [2012] NSWSC 755 - Cassegrain v Gerard Cassegrain & Co Pty Ltd [2008] NSWSC 1159 - In the matter of Staway Pty Ltd (in liquidation) (receivers and managers appointed) (Supreme Court (NSW), Black J, 13 August 2013, unrep) - Latimer v Cutwood Panels Pty Ltd (in liq) [2012] WASC 408 - Re Colorado Products Pty Ltd (in prov liq) [2014] NSWSC 1509 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Costs Parties: Michael Hourican (Plaintiff) Imperium Projects Pty Ltd (First Defendant) Justin Mahaffy (Second Defendant) Peter Lord (Third Defendant) Representation: Counsel: R A Parsons (Plaintiff) P Folino-Gallo (Defendants)