In the matter of TEN Network Holdings Limited (Admins Apptd) (Recs and Mgrs Apptd) and Others [2017] NSWSC 1359

Supreme Court New South Wales

Medium Neutral Citation: In the matter of TEN Network Holdings Limited (Admins Apptd) (Recs and Mgrs Apptd) and Others [2017] NSWSC 1359 Hearing dates: 12 and 13 September 2017 (costs submissions 25 – 26 September 2017) Decision date: 06 October 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court orders that there be no order as to costs as between the Plaintiffs and the First to Seventeenth Defendants, up to and including 11 September 2017; that the Plaintiffs pay the First to Seventeenth Defendants' costs of the proceedings incurred on and from 12 September 2017; and that the Plaintiffs pay the Eighteenth to Twentieth Defendants' costs of the proceedings on an ordinary basis as agreed or as assessed. Catchwords: COSTS — Party/Party — General rule that costs follow the event – where First–Third Defendants changed factual substrate of proceedings before hearing – where Plaintiffs unsuccessful – proper order as to costs incurred before change – whether Sanderson order should be made against First–Third Defendants Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98 - Corporations Act 2001 (Cth), Pt 5.3A - Supreme Court (Corporations) Rules 1999 (NSW), r 2.13 - Uniform Civil Procedure Rules 2005 (NSW), rr 42.1–42.2 Cases Cited: - - Cretazzo v Lombardi (1975) 13 SASR 4 - Hall v Ku-ring-gai Council [2009] NSWSC 370 - Ku-ring-gai Council v Minister for Planning (No 2) [2008] NSWLEC 276 - Seller v Jones [2014] NSWCA 19 - Re TEN Network Holdings Ltd (admins apptd) (recs and mgrs apptd) [2017] NSWSC 1247 Category: Costs Parties: WIN Corporation Pty Ltd (First Plaintiff) Birketu Pty Ltd (Second Plaintiff) Andrew Lancaster (Third Plaintiff) Mark Korda (First Defendant) Jarrod Villiani (Second Defendant) Jenny Nettleton (Third Defendant) Ten Network Holdings Ltd (Admins Apptd) (Recs and Mgrs Appointed) (Fourth Defendant) The Ten Group Pty Ltd (Admins Apptd) (Recs and Mgrs Apptd (Fifth Defendant) Network Ten Pty Ltd (Admins Apptd) (Recs and Mgrs Apptd) (Sixth Defendant) Network Ten (Sydney) Pty Ltd (Admins Apptd) (Recs and Mgrs Apptd) (Seventh Defendant) Network Ten (Brisbane) Pty Ltd (Admins Apptd) (Recs and Mgrs Apptd) (Eighth Defendant) Network Ten (Melbourne) Pty Ltd (Admins Apptd) (Recs and Mgrs Apptd) (Ninth Defendant) Network Ten (Perth) Pty Ltd (Admins Apptd) (Recs and Mgrs Apptd) (Tenth Defendant) Network Ten (Adelaide) Pty Ltd (Admins Apptd) (Recs and Mgrs Apptd) (Eleventh Defendant) Caprice Pty Ltd (Admins Apptd) (Recs and Mgrs Apptd) (Twelfth Defendant) Chartreuse Pty Ltd (Admins Apptd) (Recs and Mgrs Apptd) (Thirteenth Defendant) Television & Telecasters (Properties) Pty Ltd (Admins Apptd) (Fourteenth Defendant) Ten Online Pty Ltd (Admins Apptd) (Fifteenth Defendant) Ten Ventures Pty Ltd (Admins Apptd) Sixteenth Defendant) Ten Employee Share Plans Pty ltd (Admins Apptd) (Seventeenth Defendant) CBS International Television Australia Pty Ltd (Eighteenth Defendant) CBS Broadcasting, Inc. (Nineteenth Defendant) Showtime Distribution B.V. (Twentieth Defendant) Twentieth Century Fox Film Corporation (Australia) Pty Ltd (Intervening Party) Representation: Counsel: A S Bell SC/D F C Thomas/D Hume (Plaintiffs) R McHugh SC/T L Wong (1st to 17th Defendants) J A C Potts SC/P Kulevski (18th to 20th Defendants) I R Pike SC/C N Bova (Intervening Party)