Snowside Pty Ltd as trustee for the Snowside Trust v Boart Longyear Ltd [2018] NSWCA 75

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Snowside Pty Ltd as trustee for the Snowside Trust v Boart Longyear Ltd [2018] NSWCA 75 Hearing dates: 10 April 2018 Decision date: 10 April 2018 Before: Basten JA, Leeming JA Decision: 1. Dismiss the application for leave to appeal from the judgment of Black J of 13 September 2017.

2. Order that the applicants pay the respondents' costs of the application. Catchwords: APPEALS – leave to appeal – costs – primary judge made partial costs order in favour of applicants who were granted leave to be heard in opposition to creditors' schemes – whether discretion of primary judge miscarried – first proposed ground of appeal not raised before primary judge – second proposed ground would give rise to complex questions of apportionment and need for further hearing – no question of principle or public importance or demonstrated injustice – leave refused Legislation Cited: Supreme Court (Corporations) Rules 1999 (NSW), r 2.13 Cases Cited: In the matter of Boart Longyear Ltd (No 3) [2017] NSWSC 1227 In the matter of Boart Longyear Ltd (No 4) [2017] NSWSC 1357 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar (2008) 237 CLR 66; [2008] HCA 42 Park Trent Properties Group Pty Ltd v Australian Securities and Investments Commission [2016] NSWCA 298; 116 ACSR 473 Re Pan Pharmaceuticals Ltd; Selim v McGrath [2004] NSWSC 129; (2004) 48 ACSR 681 Category: Principal judgment Parties: Snowside Pty Ltd as trustee for the Snowside Trust (First Applicant) Maurici Nominees Pty Ltd as trustee for AP Maurici & Associates Pty Ltd (Second Applicant) Boart Longyear Ltd (First Respondent) Boart Longyear Management Pty Ltd (Second Respondent) Boart Longyear Australia Pty Ltd (Third Respondent) Votraint No. 1609 Pty Ltd (Fourth Respondent) Representation: Counsel: P Reynolds (Applicants) M Izzo and B Ng (Respondents)