Re MF Global Australia Ltd (in liq); Hopper v Campbell in his capacity as liquidator of MF Global Australia Ltd (in liq) [2015] NSWSC 1583

Supreme Court New South Wales

Medium Neutral Citation: Re MF Global Australia Ltd (in liq); Hopper v Campbell in his capacity as liquidator of MF Global Australia Ltd (in liq) [2015] NSWSC 1583 Hearing dates: 17 July, 21 – 23 July 2015 (submissions as to costs 9, 15 October 2015) Decision date: 27 October 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: The proceedings be dismissed. The Plaintiff pay the Defendants' costs on the ordinary basis until 1 August 2014 and thereafter on an indemnity basis. The Defendants pay the Plaintiff's costs of the argument as to costs. Catchwords: PROCEDURE – Costs – Order for costs on indemnity basis – Where Calderbank offer was rejected by unsuccessful Plaintiff – Whether it was unreasonable for the Plaintiff to reject the offer. Legislation Cited: - Corporations Act 2001 (Cth) s 1321 Cases Cited: - Calderbank v Calderbank [1975] 3 All ER 333 - Jones v Bradley (No 2) [2003] NSWCA 258 - Lawrence v Gunner; Gunner v Lawrence [2015] NSWSC 1229 - Nu Line Construction Group Pty Ltd v Fowler (aka Grippaudo) [2012] NSWSC 816 - Perisher Blue Pty Ltd v Nair-Smith (No 2) [2015] NSWCA 268 Category: Costs Parties: Garry Raymond Hopper (Plaintiff) Christopher Robert Campbell in his capacity as liquidator of MF Global Australia Limited (in liquidation) (First Defendant) David John Frank Lombe in his capacity as liquidator of MF Global Australia Limited (in liquidation) (Second Defendant) Vaughan Neil Strawbridge in his capacity as liquidator of MF Global Australia Limited (in liquidation) (Third Defendant) Representation: Counsel: S B Docker (Plaintiff) I R Pike SC/R M Foreman (Defendants)