In the matter of Condor Blanco Mines Ltd (No. 2) [2016] NSWSC 1304

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Condor Blanco Mines Ltd (No. 2) [2016] NSWSC 1304 Hearing dates: 6 September 2016 Decision date: 16 September 2016 Jurisdiction: Equity Before: Barrett AJA Decision: 1.Order that the defendant pay one-half of the plaintiff's costs of the proceedings 2.Applications for costs orders otherwise dismissed Catchwords: PROCEDURE – costs – departing from the general rule – proceedings brought by a company to determine the validity of appointment of voluntary administrator of that company – where the court declared that the appointment was invalid – role of purported administrator in such proceedings –CORPORATIONS – liquidators and administrators – role in proceedings brought by another challenging appointment – duty of essential neutrality, to provide relevant facts and to assist determination on the merits – whether such duty discharged in the circumstances of the case. Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Taxation Administration Act 1953 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Doulaveras v Daher [2009] NSWCA 58; 253 ALR 627 Hillig v Darkinjung Pty Ltd (No 2) [2008] NSWCA 147 In re Buckton; Buckton v Buckton [1907] 2 Ch 406 In the matter of Condor Blanco Mines Ltd [2016] NSWSC 1196 In the matter of Mendarma Pty Ltd (No 2) [2007] NSWSC 99; 61 ACSR 601 Korea Asset Management Corp v Daewoo (Singapore) Pte Ltd [2004] SGHC 25; [2004] 1 SLR 671 Silvia v Brodyn Pty Ltd [2007] NSWCA 55; 25 ACLC 385 Souster v Carman Construction Co Ltd [2000] BPIR 371 Weatherford Global Products Ltd v Hydropath Holdings Ltd [2014] EWHC 3243 Texts Cited: Code of Professional Practice for Insolvency Practitioners (third edition, as amended 18 August 2014) published by Australian Restructuring Insolvency and Turnaround Association Category: Costs Parties: Plaintiff – Condor Blanco Mines Ltd Defendant – Domenic Calabretta Representation: Counsel: Plaintiff – Mr DA Smallbone with him Mr J Wheeldon Defendant – Mr S Golledge