In the matter of Condor Blanco Mines Ltd (No 3) [2017] NSWSC 65

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Condor Blanco Mines Ltd (No 3) [2017] NSWSC 65 Hearing dates: 8 February 2017 Decision date: 13 February 2017 Jurisdiction: Equity Before: Barrett AJA Decision: The interlocutory process filed by Condor Blanco Mines Ltd on 6 September 2016 is dismissed with costs Catchwords: PROCEDURE – costs – application for costs order against non-party to the proceedings – where the proceedings were brought by a company to obtain removal of a voluntary administrator installed by purported resolution of the respondent and his co-director – such relief granted – adverse findings about the respondent made in the proceedings – where the respondent non-party played no role in the initiation or conduct of the proceedings – whether a costs order should be made against him in the proceedings on the basis that he "caused" the proceedings. Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Evidence Act 1995 (NSW) Cases Cited: Ashby v Slipper (No 3) [2015] FCAFC 9; (2015) 317 ALR 623 FPM Constructions Pty Ltd v Council of the City of the Blue Mountains [2005] NSWCA 340 Grocon Contractors (Qld) Pty Ltd v Juniper Developer No 2 Pty Ltd [2015] QSC 333 Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 In the matter of Condor Blanco Mines Ltd [2016] NSWSC 1196 In the matter of Condor Blanco Mines Ltd (No. 2) [2016] NSWSC 1304 Knight v FP Special Assets Ltd (1992) 174 CLR 178; [1992] HCA 28 Pritchard v JH Cobden Ltd [1988] Fam 22 Sargeant v HE & FE Campbell Agricultural Machinery (No 2) [2016] NSWSC 667 Symphony Group Plc v Hodgson [1994] QB 179 Yu v Cao (2014) 91 NSWLR 190; [2014] NSWCA 276 Zhang v Popovic (No 2) [2016] NSWSC 666 Category: Principal judgment Parties: Applicant – Condor Blanco Mines Ltd Respondent – Glen Paul Darby Representation: Counsel: Applicant – Mr JM Wheeldon Respondent – Mr JA Darvall