In the matter of Waterfront Investments Group Pty Limited (in liquidation) [2015] NSWSC 245

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Waterfront Investments Group Pty Limited (in liquidation) [2015] NSWSC 245 Hearing dates: 5 – 7 and 11 – 13 November 2014 (substantive), 5 March 2015 (costs) Decision date: 18 March 2015 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Declarations that the Sixth Defendant breached his fiduciary duties and duties under the Corporations Act 2001 (Cth); that the First Defendant holds title to the property subject to an equitable lien in favour of the Second Plaintiff; and that the First and Fifth Defendants knowingly assisted in those breaches. Orders that the First, Fifth and Sixth Defendants pay the costs of the Plaintiffs. Orders that the Plaintiffs pay the costs of the Second and Fourth Defendants in these proceedings, and the Third Defendant in these proceedings and proceedings 2013/231093-1. Catchwords: PROCEDURE – costs – general rule costs follow the event – multiple issues in complex proceedings – whether no order as to costs should be made – whether global costs order. Legislation Cited: - Corporations Act 2001 (Cth) ss 180(1), 181(1), 182(1), 588FB - Civil Procedure Act 2005 (NSW) s 98 - Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: - Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 - Castellan v Electric Power Transmission Pty Ltd (1967) 69 SR (NSW) 159 - Corbett Court Pty Ltd v Quasar Constructions (NSW) Pty Ltd [2008] NSWSC 1423 - Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service (No 2) [2011] NSWCA 171 - Owners – Strata Plan No 61162 v Lipman [2014] NSWSC 622 - Re Metal Storm (subject to deed of company arrangement) [2014] NSWSC 1170 - Short v Crawley (No 40) [2008] NSWSC 1302 - State of Victoria v Sportsbet Pty Ltd (No 2) [2012] FCAFC 174 - Tomanovic v Global Mortgage Equity Corporation Pty Ltd (No 2) [2011] NSWCA 256; (2011) 288 ALR 385 Category: Costs Parties: John Kukulovski (First Plaintiff) Waterfront Investments Group Pty Ltd (in liq) (Second Plaintiff) Eddy Investments (NSW) Pty Ltd (First Defendant) Edward Ahmajani (Second Defendant) NJ Investments (Aust) Pty Ltd (Third Defendant) Nicole Jammal (Fourth Defendant) Platnum Corporation Pty Ltd (Fifth Defendant) Samir Jammal (Sixth Defendant) Representation: Counsel: D. Sulan with Mr A d'Arville (Plaintiffs) V. Bedrossian (Defendants)