Australian Insolvency Group Pty Limited v LCM Litigation Investment Fund No 1 Pty Limited [2018] NSWSC 671

Supreme Court New South Wales

Medium Neutral Citation: Australian Insolvency Group Pty Limited v LCM Litigation Investment Fund No 1 Pty Limited [2018] NSWSC 671 Hearing dates: 07/05/2018 Date of orders: 07 May 2018 Decision date: 07 May 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Hearing date vacated. Second defendant to pay costs thrown away by reason of vacation of date on the indemnity basis. Catchwords: CIVIL PROCEDURE – application to vacate hearing date – where second defendant proposes to file cross claim – factual overlap between main claim and proposed cross claim – desirability of avoiding same factual issues being double handled – inadequate explanation given as to delay – however no prejudice in vacating date except for costs – application granted with costs orders made. Cases Cited: Australian Insolvency Group Pty Limited v LCM Litigation Investment 1 Pty Limited [2016] NSWSC 471 Coope v LCM Litigation Fund Pty Ltd (2016) 333 ALR 524 LCM Litigation Fund Pty Ltd v Coope [2015] NSWSC 992 Category: Procedural and other rulings Parties: Australian Insolvency Group Pty Ltd (Plaintiff) LCM Litigation Investment Fund No 1 Pty Ltd (First Defendant) LCM Litigation Fund Pty Ltd (Second Defendant) Heli-Saw Holdings Pty Ltd (Third Defendant) Representation: Counsel: Y Shariff / T Kane (Plaintiff) PS Braham SC / A Shearer (First Defendant) D Williams SC / E Hyde (Second Defendant)

Solicitors: Esplins Solicitors (Plaintiff) Hall & Wilcox (First Defendant) Piper Alderman (Second Defendant) File Number(s): 2016/90011