Rinfort Pty Limited & Anor v Arianna Holdings Pty Limited [2016] NSWSC 648

Supreme Court New South Wales

Medium Neutral Citation: Rinfort Pty Limited & Anor v Arianna Holdings Pty Limited [2016] NSWSC 648 Hearing dates: 11, 12 and 23 February 2016 (last costs submissions 19 April 2016) Decision date: 19 May 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that Defendant pay Second Plaintiff's costs of and incidental to the proceedings, including Second Plaintiff's application under s 237 of the Corporations Act 2001 (Cth) on an ordinary basis, as agreed or as assessed. Catchwords: PROCEDURE — Costs — Order sought for costs on indemnity basis — where applicant for costs order was successful in proceedings to seek leave under s 236–237 of the Corporations Act and in setting aside creditor's statutory demand – where applicant made several offers to defendant – whether costs of application to seek leave under s 236–237 of the Corporations Act 2001 (Cth) should follow the event – whether court should differentiate between issues on which applicant was successful and those on which applicant failed in determining the costs application –whether defendant acted unreasonably in not accepting offer – whether order for indemnity costs appropriate in circumstances that plaintiffs in substantive proceedings had not succeeded on a number of grounds. Legislation Cited: - Corporations Act 2001 (Cth), ss 236, 237, 242, 459G, 459J - Civil Procedure Act 2005 (NSW), ss 56, 98 Cases Cited: - Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 - Calderbank v Calderbank [1975] 3 All ER 333 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Corbett Court Pty Ltd v Quasar Constructions (NSW) Pty Ltd [2008] NSWSC 1423 - Doppstadt Australia Pty Ltd v Lovick & Son Development Pty Ltd (No 2) [2014] NSWCA 219 - Hawes v Dean [2013] NSWSC 1246 - Health v Greenacre Business Park Pty Ltd [2016] NSWCA 34 - Monie v Commonwealth of Australia (No 2) [2008] NSWCA 15 - Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 - Re Alsafe Security Products Pty Ltd atf the Alsafe Trust (in liq) [2016] NSWSC 575 - Rinfort Pty Limited v Arianna Holdings Pty Limited [2016] NSWSC 251 - The Owners – Strata Plan 61162 v Lipman [2014] NSWSC 622 Category: Costs Parties: Rinfort Pty Limited (First Plaintiff) Dana Mekler (Second Plaintiff) Arianna Holdings Pty Limited (Defendant) Representation: Counsel: F Assaf (Plaintiffs) J T Svehla (Defendant)