In the matter of DSHE Holdings Limited (recs and mgrs apptd) (in liq) [2018] NSWSC 275

Supreme Court New South Wales

Medium Neutral Citation: In the matter of DSHE Holdings Limited (recs and mgrs apptd) (in liq) [2018] NSWSC 275 Hearing dates: 5 February 2018 Decision date: 06 March 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: Pursuant to r 2.13(2) of the Supreme Court (Corporations) Rules 1999 (NSW), David Findlay and Marian Findlay pay to the Plaintiffs the costs of the Plaintiffs, of and incidental to the hearing J on 5 February 2018, and the costs of the Defendant, of and incidental to the hearing on 5 February 2018, that the Plaintiffs have been ordered to pay to the Defendant. Catchwords: COSTS – where intervener is granted leave to be heard in proceeding pursuant to Supreme Court (Corporations) Rules 1999 (NSW) r 2.13(1) – where that intervener is unsuccessful and causes additional costs to be borne by opposing party – whether order should be made pursuant to r 2.13(2) that intervener pay those costs. Legislation Cited: - Corporations Act 2001 (Cth) s 500 - Supreme Court (Corporations) Rules 1999 (NSW) r 2.13 Cases Cited: - Grocon Constructors Pty Ltd v Kimberley Securities Ltd [2009] NSWSC 691 - Re David Ireland Productions Pty Ltd [2014] NSWSC 1411 - Re Pan Pharmaceuticals Ltd; Selim v McGrath [2004] NSWSC 129; (2004) 48 ACSR 681 - Re TEN Network Holdings Ltd (admin apptd) (recs and mgrs apptd) [2017] NSWSC 1359 - Yeo v Australian Securities and Investments Commission [2018] FCA 37 Category: Costs Parties: Epaminondas Mastoris (First Plaintiff) Lena Mastoris (Second Plaintiff) DSHE Holdings Limited (recs and mgrs apptd) (in liq) (Defendant) Haliburton Charles David Findlay (Interested Party) Marian Jennifer Denny Findlay (Interested Party) Representation: Counsel: D L Williams SC/A H Edwards (Plaintiffs) V Whittaker (Defendant) C H Withers/E B S Ball (Interested Parties)