Kupang Resources Ltd (subject to Deed Of Company Arrangement) v Elias [2018] NSWSC 1553

Supreme Court New South Wales

Medium Neutral Citation: Kupang Resources Ltd (subject to Deed Of Company Arrangement) v Elias [2018] NSWSC 1553 Hearing dates: 12 October 2018 Date of orders: 12 October 2018 Decision date: 12 October 2018 Jurisdiction: Equity - Corporations List Before: Parker J Decision: See [48] Catchwords: PRACTICE AND PROCEDURE – applications – security for costs order – quantum of security – whether estimate of costs in the preparation and hearing of the matter involve an unnecessary level of expense – estimate of costs where legal practitioner acting for the applicant practises in State with no formal division between counsel and solicitor

PRACTICE AND PROCEDURE – applications – security for costs order – quantum of security – estimating costs where there is uncertainty in the conduct of proceedings – discretion of the Court to order security be furnished in tranches – discretion of Court to make an order granting leave to apply to adjust quantum of security to reflect the actual level of expenditure on costs

PRACTICE AND PROCEDURE – applications – security for costs order – quantum of security – whether the quantum of a cost order in the present case can be set-off by a cost order incurred in a previous, related matter – discretion to set-off cost orders under Corporations Act 2001 (Cth), s 1335(1) – discretion not exercised where the cost order in the previous, related matter was awarded on a joint and several basis – discretion not exercised where the Court must make an assessment of the tax liability on cost order awarded in the previous, related matter Legislation Cited: Corporations Act 2001 (Cth), s 1335(1) Cases Cited: Armstrong Scalisi Holdings Pty Ltd v Piscopo (Trustee), Re Collins [2017] FCA 423 Procon (GB) Ltd v Provincial Building Co Ltd [1984] 2 All ER 368 Re Hodgkinson (2017) 15 ABC(NS) 483; [2017] FCA 1342 Category: Procedural and other rulings Parties: Kupang Resources Ltd (Subject to Deed of Company Arrangement) (Plaintiff) Antony William Paul Sage (Second Defendant) Representation: Counsel: AM Hochroth (Plaintiff/Respondent) NM Bender (Second Defendant/Applicant)