In the matter of Complete Investing Services Pty Ltd (in liq) (Costs) [2018] NSWSC 1059

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Complete Investing Services Pty Ltd (in liq) (Costs) [2018] NSWSC 1059 Hearing dates: 5 July 2018 (On the papers) Date of orders: 11 July 2018 Decision date: 11 July 2018 Before: Gleeson JA Decision: (1) Vary order 4 made on 29 June 2018, by excluding from the costs payable by the plaintiff to the applicant, the costs thrown away and occasioned by the directions hearing on 18 June 2018.

(2) Order that the plaintiff and the defendant each pay to the liquidator, Mr Jason Porter, 50 percent of the liquidator's reasonable costs and remuneration in respect of the administration of the defendant, up to and including 25 June 2018. Catchwords: CORPORATIONS – costs – application to set aside or vary costs order – Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A) – where plaintiff ordered to pay the applicant's costs following successful application to set aside winding-up order - plaintiff contends that each party should bear its own costs or plaintiff should pay only the costs of the hearing – power to vary costs order – whether applicant's conduct unnecessarily protracted the litigation – where applicant late in filing and serving affidavit evidence – whether costs order should be varied

CORPORATIONS – liquidator's costs and remuneration – where winding-up order set aside – plaintiff contends that the liquidator's costs should be paid by the company – whether delays by the applicant contributed to costs of liquidator – whether liquidator's costs should be paid equally by the parties Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(1) Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 42.1 Cases Cited: Autodesk Inc v Dyason [No 2] (1993) 176 CLR 300; [1993] HCA 6 Bailey v Marinoff (1971) 125 CLR 529; [1971] HCA 49 Chen v Chan (No 2) [2009] VSCA 233 Deputy Commissioner of Taxation v Meredith (No 2) (2008) 75 NSWLR 462; [2008] NSWCA 133 Hancock v Arnold; Dodd v Arnold (No 2) [2009] NSWCA 19 Malouf v Prince (No 2) [2010] NSWCA 51 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Sabah Yazgi v Permanent Custodians Ltd (No 2) [2007] NSWCA 306 Tomanovic v Global Mortgage Equity Corporation Pty Ltd (No 2) [2011] NSWCA 256 Windsurfing International Inc v Petit (1987) AIPC 90-441 Category: Costs Parties: Mrs Bobette McMillan (Applicant) Roam Tolling Pty Ltd (Plaintiff / Respondent) Complete Investing Services Pty Ltd (Defendant) Mr Jason Porter (Liquidator) Representation: Counsel: Ms K McLean (Sol) (Applicant) Ms M Daley (Sol) (Plaintiff / Respondent) Ms M Carolan (Liquidator)