In the matter of Heavy Plant Leasing Pty Ltd [2017] NSWSC 1835

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Heavy Plant Leasing Pty Ltd [2017] NSWSC 1835 Hearing dates: 4 September 2017 Date of orders: 04 September 2017 Decision date: 04 September 2017 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: See [28]. Catchwords: COSTS – where defendants initially contest insolvency but later admit – whether costs order against defendants should be made before final resolution of proceedings – whether costs order should be made on the ordinary or indemnity basis. Legislation Cited: (NSW) Uniform Civil Procedure Rules 2005, r 42.8 (QLD) Building and Construction Industry Security of Payment Act 1999 Cases Cited: Buzzle Operations v Apple Computer Australia Pty Ltd [2010] NSWSC 490 Category: Costs Parties: 2016/77618

Neil Robert Cussen and John Lethbridge Greig in their capacity as joint and several liquidators of Heavy Plant Leasing Pty Ltd (ACN 151 786 677) (first plaintiff) Heavy Plant Leasing Pty Ltd (in liquidation) (ACN 151 786 677) (second plaintiff) McDonnell Dowell Constructors (Aust) Pty Ltd (ACN 002 929 017) (defendant)

2016/77628

Neil Robert Cussen and John Lethbridge Greig in their Capacity as Joint and Several Liquidators of Heavy Plant Leasing Pty Ltd (ACN 151 786 677) (first plaintiff) Heavy Plant Leasing Pty Ltd (in liquidation) (ACN 151 786 677) (second plaintiff) Kelly Teresa Henry (first defendant) Murray John Henry (second defendant) McConnell Dowell Constructors (Aust) Pty Ltd (ACN 002 929 017) (third defendant)