In the matter of Dungowan Manly Pty Ltd (in liq) [2015] NSWSC 915

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Dungowan Manly Pty Ltd (in liq) [2015] NSWSC 915 Hearing dates: 10 – 13 and 19 March, 23 June 2015 Decision date: 10 July 2015 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders to be made substantially in accordance with draft Orders submitted to the Court. Order the Third-Sixth Cross-Defendants pay the Cross-Claimants' disbursements as agreed or as assessed, and two-thirds of the Plaintiffs' costs of the proceedings, as agreed or as assessed. Otherwise no order as to costs. Catchwords: PROCEDURE – judgments and orders – proposed orders – form of orders to be made to give effect to primary judgment.

PROCEDURE – costs – orders made as to costs as between parties to proceedings.

PROCEDURE – interest – whether interest to be awarded under s 100 of the Civil Procedure Act 2005 (NSW). Legislation Cited: Civil Procedure Act 2005 (NSW) ss 14, 90(1), 98, 100 Corporations Act 2001 (Cth) pt 5.3A, pt 5.6 div 6; ss 443D, 449E, 479, 479(3), 511, 553, 553C, 553C(2), 554, 556, 563B, 563B(1), 563B(2), 564

Uniform Civil procedure Rules 2005 (NSW) rr 6.12, 42.1 Supreme Court (Corporations) Rules 1999 (NSW) r 2.13 Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Cachia v Hanes [1994] HCA 14; (1994) 179 CLR 403 Cresvale Far East Ltd v Cresvale Securities Ltd (No 2) [2001] NSWSC 791; (2001) 39 ACSR 622 Farrell v Mulroney [1978] 1 NSWLR 221 Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd (No 3) (1998) 30 ACSR 20 Knight v FP Special Assets Ltd (1992) 174 CLR 178 Liberty Industrial Pty Ltd v Donald Mcarthy Trading Australia Pty Ltd [2013] NSWSC 443 McGrath v Sturesteps; Sturesteps v HIH Overseas Holdings Ltd (in liq) [2011] NSWCA 315; (2011) 81 NSWLR 690 NSW Trustee and Guardian v Schneider [2011] NSWSC 424 Paul's Retail Pty Ltd v Morgan [2009] NSWSC 1222 Petrovski v Radin [2000] NSWSC 323 Re Dungowan Manly Pty Ltd (in liq) [2015] NSWSC 491 Re Emilco Pty Ltd (in liq) [2002] NSWSC 1124; (2002) 43 ACSR 536 Re HIH Casualty and General Insurance Ltd [2006] NSWSC 6 Re Pan Pharmaceuticals Ltd; Selim v McGrath [2004] NSWSC 129; (2004) 48 ACSR 681 Thomson v STX Pan Ocean Co Ltd [2012] FCAFC 15 Category: Procedural and other rulings Parties: Adam Farnsworth and Adam Shepard (in their capacity as joint and several liquidators of Dungowan Manly Pty Ltd (First Plaintiff/First Cross-Defendant on First and Second Cross-Claims) Dungowan Manly Pty Ltd (in liq) (Second Plaintiff/Second Cross-Defendant on Second Cross-Claim) Patrick McLaughlin (First Defendant/First Cross-Claimant on First Cross-Claim/Fourth Cross-Defendant on Second Cross-Claim) Jennifer McLaughlin (Second Defendant/Second Cross-Claimant on First Cross-Claim/Third Cross-Defendant on Second Cross-Claim) Turner Freeman Lawyers (Third Defendant/Second Cross-Defendant on First Cross-Claim/Cross-Claimant on Second Cross-Claim) Loafer Pty Ltd (Third Cross-Defendant on First Cross-Claim) Peter William Brown (Fourth Cross-Defendant on First Cross-Claim) Louise Jane Brown (Fifth Cross-Defendant on First Cross-Claim) Garmen Pty Ltd (Sixth Cross-Defendant on First Cross-Claim). Representation: Counsel: S Golledge (First Plaintiff/First Cross-Defendant on First and Second Cross-Claims) P D McLaughlin (self-represented - First Defendant/ First Cross-Claimant on First Cross-Claim/ Fourth Cross-Defendant on Second Cross-Claim) J T McLaughlin (self-represented - Second Defendant/ Second Cross-Claimant on First Cross-Claim/ Third Cross-Defendant on Second Cross-Claim) S J Philips (Third Defendant/Second Cross-Defendant on First Cross-Claim/Cross-Claimant on Second Cross-Claim) B K Nolan (Third and Sixth Cross-Defendants on First Cross-Claim) G D McDonald (Fourth and Fifth Cross-Defendants on First Cross-Claim)