In the matter of Alsafe Security Products Pty Ltd atf the Alsafe Trust (in liquidation) [2016] NSWSC 575

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Alsafe Security Products Pty Ltd atf the Alsafe Trust (in liquidation) [2016] NSWSC 575 Hearing dates: 18 March 2016 Decision date: 06 May 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that Defendant pay Plaintiffs' costs on ordinary basis up to and including 7 March 2016 and on an indemnity basis from 8 March 2016. Catchwords: PROCEDURE — Costs — Order sought for costs on indemnity basis — where Plaintiffs' sought indemnity costs on basis of unsuccessful Defendant's rejection of offer of compromise or under Calderbank principles – where Plaintiffs' offer included an amount as to costs – whether offer of compromise is valid where it included amount as to costs – whether Plaintiffs' offer warrants indemnity costs under Calderbank principles – whether r 42.34 of the Uniform Civil Procedure Rules 2005 (NSW) has consequence that Plaintiffs should not be awarded costs. Legislation Cited: - Corporations Act 2001 (Cth), ss 553C, 588FG, 1335, 1337H - Personal Property Securities Act 2009 (Cth) - Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.13A, 42.34, - Uniform Civil Procedure Rules (Amendment No 59) 2013 Cases Cited: - Calderbank v Calderbank [1975] 3 All ER 333 - 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 - Re Alsafe Security Products Pty Ltd atf the Alsafe Trust (in liq) [2016] NSWSC 428 - Whitney v Dream Developments Pty Ltd [2013] NSWCA 188; (2013) 84 NSWLR 311 Category: Costs Parties: Alsafe Security Products Pty Ltd atf The Alsafe Trust (in liquidation) (First Plaintiff) Terry Grant van der Velde as liquidator of Alsafe Security Products Pty Ltd atf The Alsafe Trust (in liquidation) (Second Plaintiff) Darley Aluminium Trading Pty Ltd (Defendant) Representation: Counsel: I J King (Plaintiffs) M Tovey (Defendant)