In the matter of Tiaro Coal Limited (in liquidation) (ACN 127 936 412) [2018] NSWSC 1043

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Tiaro Coal Limited (in liquidation) (ACN 127 936 412) [2018] NSWSC 1043 Hearing dates: 9 May 2018 (last submissions as to costs 2 July 2018) Decision date: 06 July 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: The several Defendants pay the costs of the application forthwith on the ordinary basis. Parties have leave to make submissions as to whether costs payable by each Defendant be reduced by set-off of costs payable to that Defendant in respect of the Plaintiff's application to set aside a notice to produce. Catchwords: COSTS – indemnity costs – where defendants were not granted relief sought but had a chance of success – whether indemnity costs will be awarded pursuant to s 98 of the Civil Procedure Act 2005 (NSW) – costs forthwith – where defendants' application was entirely separate in the early stage of proceedings – where defendants' application failed comprehensively – whether costs should be payable forthwith. Legislation Cited: - Civil Procedure Act 2005 (NSW) s 98 Cases Cited: - Brasington v Overton Investments Pty Ltd [2001] FCA 571 - Cabport Pty Ltd v Marinchek (No 2) [2013] NSWCA 131 - Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1 - Hamod v State of New South Wales [2002] FCAFC 97; (2002) 188 ALR 659 - Hastie Group Ltd (in liq) v Moore [2016] NSWSC 1682 - Horne v Retirement Guide Management Pty Ltd [2017] VSCA 47; (2017) 118 ACSR 509 - Iacullo v Iacullo [2013] NSWSC 1517 - Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (No 7) [2008] NSWSC 199; (2008) 65 ACSR 324 - Leichhardt Municipal Council v Green [2004] NSWCA 341 - Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 - Over Fifty Mutual Friendly Society Ltd v Smithies [2007] NSWSC 352 - Rafferty v Time 2000 West Pty Ltd (No 3) [2009] FCA 727; (2009) 257 ALR 503 - Re Bean & Sprout Pty Ltd (admin apptd) [2018] NSWSC 456 - Re Punters Show Pty Limited [2017] NSWSC 605 - Ritson v Gay & Lesbian Community Publishing Ltd [2012] NSWSC 586 - UGL Services Pty Ltd v F1 Solutions Pty Ltd [2012] FCA 245 - Westpac Banking Corporation v Ollis [2007] NSWSC 1008 Category: Costs Parties: Tiaro Coal Limited (in liquidation) (Plaintiff) Peter Meers (First Defendant) Francis Choy (Second Defendant) Rado Jacob Rebek (Third Defendant) Ibrahim Menudin (Fourth Defendant) Wei Huang (Fifth Defendant) Jianfei Wang (Sixth Defendant) Hudson Resources Limited (Seventh Defendant) Hudson Corporate Limited (Eighth Defendant) Bundaberg Coal Pty Ltd (Ninth Defendant) Representation: Counsel: R A Dick SC/D R Sulan (Plaintiff) M Pesman SC/N M Bender (Second, Fifth, Seventh and Eighth Defendants)