David Hurst and Philip Hosking in their capacities as Joint and Several Liquidators of One Build Pty Limited (In Liquidation) v Metroplex Investments Pty Limited [2015] NSWDC 436

District Court New South Wales

Medium Neutral Citation: David Hurst and Philip Hosking in their capacities as Joint and Several Liquidators of One Build Pty Limited (In Liquidation) v Metroplex Investments Pty Limited [2015] NSWDC 436 Hearing dates: 13 November 2015 Date of orders: 13 November 2015 Decision date: 13 November 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Defendant's application for an adjournment refused. (2) The defendant's notice of motion (filed 18 August 2015) is dismissed. (3) The defendant pay the plaintiffs' costs of the notice of motion. (4) List the matter for further directions on Monday, 23 November 2015 at 9.30am before the Judicial Registrar. Catchwords: COSTS — security for costs – insolvent company and liquidators as plaintiffs – likely amount of costs – reason to believe plaintiffs unable to pay adverse costs order – natural person liquidators liable for adverse costs order – discretionary factors – prospects of success – merit of proceedings – genuineness of proceedings – impecuniosity of plaintiffs – cause of impecuniosity – whether proceedings would be stifled – matter of public importance – whether proceedings harassing or vexatious – liquidators to be treated as natural persons – whether persons hiding behind skirts of company – costs – relevance of genuine argument – costs follow the event – indemnity costs - proportionality of costs – timing of application for security – whether liquidators were proper parties - costs of proceedings Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.7, r 42.21 Cases Cited: Green (as liquidator of Arimco Mining Pty Ltd) v CGU Insurance Ltd [2008] NSWCA 148 Horn v York Paper Co Ltd (1991) 23 NSWLR 622 In the matter of HIH Insurance Limited (In Liquidation); Cuong Ly v HIH Insurance Limited (In Liquidation) [2014] NSWSC 1587 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Procedural and other rulings Parties: David Hurst and Philip Hosking in their capacities as Joint and Several Liquidators of One Build Pty Limited (In Liquidation) (first plaintiff) One Build Pty Limited (In Liquidation) (second plaintiff) Metroplex Investments Pty Limited (defendant) Representation: Counsel: Mr H Somerville (defendant)