In the matter of Fewin Pty Ltd [2017] NSWSC 1093

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Fewin Pty Ltd [2017] NSWSC 1093 Hearing dates: Monday 5 June 2017 Date of orders: 08 June 2017 Decision date: 08 June 2017 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Execution of the order for costs made in these proceedings on 1 September 2016 including by way of the garnishee orders issued on 29 March and 3 April 2017 be stayed. Catchwords: PROCEDURE – Judgments and orders – Satisfaction and set-off of judgments – where applicant seeks set-off of Federal Court costs order against Supreme Court of New South Wales cost order – where superior court has inherent jurisdiction to set-off orders for payment of money – where applicant is a net creditor – held, Supreme Court costs order permanently stayed. Cases Cited: A Debtor (No 21 of 1950) (No 2), Re [1951] Ch 612 Adsett v Berlouis [1992] FCA 368; (1992) 37 FCR 201 Akki Pty Ltd v Martin Hall Pty Ltd (1994) 35 NSWLR 470 Australian Beverage Distributors Pty Ltd v Evans and Tate Premium Wines Pty Ltd [2006] NSWSC 560; (2006) 58 ACSR 22 Bristowe v Needham (1844) 7 Man & G 648; 135 ER 261 David v Rees [1904] 2 KB 435 Griffiths v Boral Resources (Qld) Pty Ltd (No 2) (2006) 157 FCR 112 Murphy v Zamonex Pty Ltd [1993] 31 NSWLR 439 Prentice v Fewin Pty Ltd [2017] FCA 490 Reid v Cupper [1915] 2 KB 147 Stec v Orfanos (1999) FCA 457 V P Developments Ltd, Re [2005] EWHC 259; [2005] 2 BCLC 607 Texts Cited: Rory Derham, Derham on the Law of Set Off (Oxford University Press, 4th ed, 2010) Category: Procedural and other rulings Parties: Fewin Pty Ltd (plaintiff/respondent) Maxwell William Prentice (defendant/applicant) Representation: Counsel: AP Cheshire SC w S Spadijer (plaintiff/respondent) JT Johnson (defendant/applicant)