Elite Group Sydney Pty Ltd v Mark Raymond Hutchins in his capacity as Administrator of Total Equipment Management Pty Ltd ACN 138964708 & Ors [2017] NSWSC 372

Supreme Court New South Wales

Medium Neutral Citation: Elite Group Sydney Pty Ltd v Mark Raymond Hutchins in his capacity as Administrator of Total Equipment Management Pty Ltd ACN 138964708 & Ors [2017] NSWSC 372 Hearing dates: 27 February 2017 Date of orders: 27 February 2017 Decision date: 27 February 2017 Jurisdiction: Equity Before: Rein J Decision: See [19] Catchwords: COSTS - whether, pursuant to r 42.19 of the UCPR, the plaintiff on discontinuing the proceedings is required to pay the defendant's costs – whether the plaintiff can establish a positive ground or good reason for departing from the ordinary course under r 42.19 Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Australiawide Airlines Ltd v Aspirion Pty Ltd [2006] NSWCA 365 Ibrahim v PERI Australia Pty Limited [2013] NSWCA 328 Boyter v Thomson [1995] 2 AC 628 Category: Costs Parties: Elite Group Sydney Pty Ltd (Plaintiff) Hutchins in his capacity as Administrator of Total Equipment Management Pty Ltd CAN 138964708, Mark Raymond (Second Defendant) Walker in his capacity as Administrator of Total Equipment Management Pty Ltd ACN 138964708, Alan Lee (Second Defendant) National Australia Bank (Third Defendant) Representation: Counsel: M Klooster (Plaintiff) RM Foreman (First & Second Defendant) GE Babe (Third Defendant)

Solicitors: Ghobrial Legal (Plaintiff) King & Wood Mallesons (First & Second Defendant) North Law (Third Defendant) File Number(s): 2017/29786 Publication restriction: Nil