Angus Carnegie Gordon in his capacity as liquidator of Lyon Form Pty Ltd (in liq) & Anor v Leon Plant Hire Pty Ltd (in liq) & Ors [2015] NSWSC 662

Supreme Court New South Wales

Medium Neutral Citation: Angus Carnegie Gordon in his capacity as liquidator of Lyon Form Pty Ltd (in liq) & Anor v Leon Plant Hire Pty Ltd (in liq) & Ors [2015] NSWSC 662 Hearing dates: 24 – 25 February 2015, submissions as to orders and costs 8 and 11 May 2015. Decision date: 29 May 2015 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Several orders made in accordance with short minutes of order as agreed between the parties. First Defendant to pay the Plaintiffs' costs on an ordinary basis to 26 September 2014 and an indemnity basis from 27 September 2014; Second, Fourth and Fifth Defendants to pay the Plaintiffs' costs on an ordinary basis for specified dates and on an indemnity basis from 27 September 2014; Plaintiffs to pay the Third Defendant's costs of and incidental to specified issue on an ordinary basis. Catchwords: PROCEDURE – Costs – Where Plaintiffs required to pay costs thrown away for earlier vacated hearing date – Where offer of compromise made by Plaintiffs – Whether costs be awarded on ordinary or indemnity basis – whether Plaintiffs should pay costs in respect of claim against Third Defendant who failed on several issues in common with other Defendants and succeeded on one issue. Legislation Cited: - Corporations Act 2001 (Cth) ss 588FB, 588FDA, 588FF - Civil Procedure Act 2005 (NSW) ss 56, 98

- Uniform Civil Procedure Rules 2005 (NSW) rr 20.26, 42.1, 42.2, 42.5, 42.14 Cases Cited: - Colgate-Palmolive Co v Cussons Pty Ltd [1993] FCA 801; (1993) 46 FCR 225 - Lahoud v Lahoud [2006] NSWSC 126 - Liverpool City Council v Estephan [2009] NSWCA 161 - Ng v Chong [2010] NSWSC 127 Category: Costs Parties: Angus Carnegie Gordon in his capacity as liquidator of Lyon Form Pty Ltd (First Plaintiff) Lyon Form Pty Ltd (in liquidation) (Second Plaintiff) Leon Plant Hire Pty Ltd (First Defendant) Marcos German Leon (Second Defendant) Carol Paulina Dicsiascio (Third Defendant) Marco Antonio Leon (Fourth Defendant) Manuela Leon (Fifth Defendant) Representation: Counsel: S. Golledge (Plaintiffs) J T Johnson (Defendants)