Lum v M V Developments (Lane Cove) Pty Limited (in liquidation) [2016] NSWSC 1248

Supreme Court New South Wales

Medium Neutral Citation: Lum v M V Developments (Lane Cove) Pty Limited (in liquidation) [2016] NSWSC 1248 Hearing dates: On the papers Date of orders: 07 September 2016 Decision date: 07 September 2016 Jurisdiction: Equity Before: Darke J Decision: Declarations and orders made for specific performance of contracts for sale of land. Order for costs made in favour of plaintiffs against the liquidators of the first defendant. Catchwords: COSTS – proceedings against company in liquidation – order sought against liquidators – whether conduct of liquidators unreasonable – whether proceedings brought about by conduct of liquidators – lapsing notices issued in respect of plaintiffs' caveats – threat to sell properties

COSTS – departing from general rule – Calderbank offer – whether failure to accept offer unreasonable Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 98 Cases Cited: Adsett v Berlouis (1992) 37 FCR 201 AMC Commercial Cleaning (NSW) Pty Limited v Coade (No 2) [2013] NSWSC 332 Mead v Watson [2005] NSWCA 133 Category: Costs Parties: Bradley Mark Lum (First Plaintiff) Justin James Lum (Second Plaintiff) M V Developments (Land Cove) Pty Limited (First Defendant) Representation: Counsel: Mr J P Knackstredt (Plaintiffs) Mr T M Faulkner SC (First Defendant)

Solicitors: M&K Lawyers Group Pty Ltd (Plaintiffs) William James Lawyers (First Defendant) File Number(s): 2015/266248 Publication restriction: None