In the matter of Aquaqueen International Pty Ltd [2015] NSWSC 739

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Aquaqueen International Pty Ltd [2015] NSWSC 739 Hearing dates: 16 March 2015 (last date for submissions 10 June 2015) Decision date: 12 June 2015 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Order that the Defendant and Ms Shirley Penson jointly and severally pay costs and disbursements of the Plaintiffs pursuant to specified costs orders quantified in the gross sum of $77,993.88. Order that interest be payable on those costs pursuant to s 101(5) of the Civil Procedure Act 2005 (NSW) from the date of this judgment. Catchwords: Procedure – costs – quantification of gross sum costs order.

Procedure – costs – whether interest payable on gross sum costs from date of judgment under s 101 of the Civil Procedure Act 2005 (NSW). Legislation Cited: Civil Procedure Act 2005 (NSW) ss 98(4), 101(1), 101(4), 101(5) Category: Procedural and other rulings Parties: Titan National Pty Ltd and Kathryn Wood Weber (Plaintiffs) Aquaqueen International Pty Ltd (Defendant) Shirley Penson (Third Party) Representation: Counsel: Ms C Perry (solicitor) (Plaintiffs) Mr P Beazley (solicitor) (Third Party)

Solicitors: Pure Legal (Plaintiffs) Beazley Singleton Lawyers (Third Party) File Number(s): 2013/297134

Judgment 1. On 4 May 2015, I delivered judgment ([2015] NSWSC 500) in respect of an application by the Plaintiffs, Titan National Pty Ltd and Ms Kathryn Wood-Weber, inter alia, for gross sum costs orders under s 98(4) of the Civil Procedure Act 2005 (NSW) in respect of certain aspects of these proceedings; an order that costs be determined on an indemnity basis; and an order that Ms Shirley Penson, a director of the Defendant, Aquaqueen International Pty Ltd (in liq) ("Aquaqueen") be jointly and severally liable with Aquaqueen for the Plaintiffs' costs of the proceedings.