Boyd v Feeney & Ors [2017] NSWSC 1704

Supreme Court New South Wales

Medium Neutral Citation: Boyd v Feeney & Ors [2017] NSWSC 1704 Hearing dates: 19 – 20 September 2017, 20 October 2017 Decision date: 07 December 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court orders that the First–Third Defendants pay one-quarter of the Plaintiff's costs of the proceedings not dealt with by previous costs orders and makes an order for the appointment of a liquidator. Catchwords: COSTS — Party/Party — General rule that costs follow the event — Application of the rule and discretion – where Plaintiff's arguments unsuccessful – where relief sought by Plaintiff nonetheless partly granted on other grounds Legislation Cited: - Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: - Boyd v Feeney [2017] NSWSC 1595 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Heath v Greenacre Business Park Pty Limited [2016] NSWCA 34 - Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 - Re Joe & Joe Developments Pty Ltd (subject to a deed of company arrangement) [2014] NSWSC 1703 - Re Swan Services Pty Ltd (in liq) [2017] NSWSC 692 Category: Costs Parties: Lynette Boyd (Plaintiff) Judy Feeney (First Defendant) Marie Ellersdorfer (Second Defendant) Dane Corak (Third Defendant) D & D Corak Investments Pty Ltd (Fourth Defendant) Representation: Counsel: N Simpson (Plaintiff) M Klooster (First Defendant) M Bennett (Second to Fourth Defendants)