VMA Companies LLC trading as Corbis Global v Ridley Capital Holdings Pty Ltd (now known as ACN 151 726 224) (in liquidation) [2016] NSWSC 1567

Supreme Court New South Wales

Medium Neutral Citation: VMA Companies LLC trading as Corbis Global v Ridley Capital Holdings Pty Ltd (now known as ACN 151 726 224) (in liquidation) [2016] NSWSC 1567 Hearing dates: 18 October 2016 Date of orders: 26 October 2016 Decision date: 26 October 2016 Jurisdiction: Equity Before: Rein J Decision: See [32] Catchwords: Costs- Whether non-party cost order is appropriate- principles relevant to decision to make costs order against a non-party-discretionary considerations. Held: Non-party had interest in outcome as a creditor of the defendant company - defendant was a company without financial substance when proceedings were commenced and thereafter- cross-claim was not merely defensive- defendant was only able to maintain defence and cross-claim because of non-party's contributions- that it is in the interests of justice that non-party should pay the costs of plaintiff of the proceedings. Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Bevwizz Group Pty Ltd v Transport Solutions Pty Ltd [2008] NSWSC 1399 FPM Constructions v Council of the City of Blue Mountains [2005] NSWCA 340 Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Knight v FP Special Assets Ltd (1992) 174 CLR 178; [1992] HCA 28 SP Hay Pty Ltd & Anor v Allcorp Pty Ltd & Ors [2004] WASC 77 Vestris v Cashman (1998) 72 SASR 449 Texts Cited: Dal Pont's Law of Costs (3rd ed, 2013, Lexis Nexis) Category: Costs Parties: VMA Companies LLC trading as Corbis Global (Plaintiff) Ridley Capital Holdings Pty Ltd (ACN 151 726 224) (Defendant) Representation: Counsel: J.T Johnson (Plaintiff) D. Studdy SC, D. Barnett (Defendant)