Global Investments Limited v Babcock & Brown Global Investments Management Pty Ltd; DIF III – Global Co-Investment Fund LP v BBLP LLC [2017] NSWSC 1202

Supreme Court New South Wales

Medium Neutral Citation: Global Investments Limited v Babcock & Brown Global Investments Management Pty Ltd; DIF III – Global Co-Investment Fund LP v BBLP LLC [2017] NSWSC 1202 Hearing dates: On the papers Date of orders: 08 September 2017 Decision date: 08 September 2017 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: See at [59], [60]. Catchwords: COSTS – notice of motion for further or better discovery – Civil Procedure Act 1005 (NSW) s 98 – Uniform Civil Procedure Rules 2005 (NSW) r 42.1, 42.7 – where the failure of the notice of motion for further discovery is a discrete event for the purposes of r 42.1 – where certain defendants were not required to participate in the hearing of the notice of motion – where certain defendants were in breach of the court's orders before the notice of motion was filed and served Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Costs Parties: 2016/285820 DIF III – Global Co-Investment Fund LP (Formerly "Babcock & Brown DIF III Global Co-Investment Fund LP") (First Plaintiff) DIF III GP Limited (Second Plaintiff) BBLP LLC (formerly "Babcock & Brown LP") (First Defendant) Babcock & Brown Rail North America LLC (Second Defendant) Babcock & Brown Rail Management LLC (Third Defendant) Babcock & Brown Rail Investment Management LLC (Fourth Defendant) Victoria McManus (Fifth Defendant) George Stone (Sixth Defendant) Ross Sullivan (Seventh Defendant) Larry Littlefield (Eighth Defendant) Richard Umbrecht (Ninth Defendant) DIF Capital Partners Ltd ACN 101 611 438 (Tenth Defendant) Robert Neil Topfer (Eleventh Defendant) Phillip Hartley Green (Twelfth Defendant) Fergus John Neilson (Thirteenth Defendant) Harry Nicholson (Fourteenth Defendant) Robert Rupert Officer (Fifteenth Defendant) Babcock & Brown International Pty Limited CAN 108 617 483 (Sixteenth Defendant) Babcock & Brown Rail Funding LLC (Seventeenth Defendant)