In the matter of Vangory Holdings Pty Ltd [2015] NSWSC 801

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Vangory Holdings Pty Ltd [2015] NSWSC 801 Hearing dates: 21 and 22 April 2015 (last submissions as to costs 4 June 2015) Decision date: 22 June 2015 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Order that the First Defendant pay the costs of the Plaintiff and Third and Fourth Defendants on an indemnity basis. Order that the costs of the Third and Fourth Defendants be payable forthwith. Catchwords: PROCEDURE – costs – order for costs on indemnity basis – where company unsuccessful in substantive application for leave under s 459S of the Corporations Act 2001 (Cth) – where cross-examination of director demonstrated lack of knowledge of the matters dealt with in his affidavit – whether order for indemnity costs.

PROCEDURE – costs – where director joined as party to proceedings when company was deregistered – where director did not play active role in the motion – whether order for costs against director.

PROCEDURE – costs – whether costs payable forthwith. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 98 - Corporations Act 2001 (Cth) ss 459G, 459S, 459S(1), 459S(2), 465B - Uniform Civil Procedure Rules 2005 (NSW) rr 42.1, 42.2, 42.5 Cases Cited: - Colgate-Palmolive Co v Cussons Pty Ltd [1993] FCA 801; (1993) 46 FCR 225 - Fiduciary Ltd v Morningstar Research Pty Ltd [2002] NSWSC 432; (2002) 55 NSWLR 1 - Hamod v New South Wales [2007] NSWSC 707 - Hamod v State of New South Wales [2002] FCAFC 97; (2002) 188 ALR 659 - Lahoud v Lahoud [2006] NSWSC 126 - Liverpool City Council v Estephan [2009] NSWCA 161 - Ng v Chong [2010] NSWSC 127 - Power Infrastructure Pty Ltd v Downer EDI Engineering Power Pty Ltd (No 2) [2010] FCA 1347 - Selig v Wealthsure Pty Ltd [2015] HCA 18; (2015) 105 ACSR 552 Category: Costs Parties: First Debenture Limited (Plaintiff) Vangory Holdings Pty Ltd (First Defendant) Jeffrey Douglas Dawson (Second Defendant) Sharon McDonagh (Third Defendant) McDonagh Management Pty Ltd (Fourth Defendant) Representation: Counsel: R Glasson (Plaintiff) T Orlizki (Solicitor – First and Second Defendants) S Goodridge (Third and Fourth Defendants)