Global Consulting Services Pty Ltd v Gresham Property Investments Ltd (No 2) [2018] NSWCA 313

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Global Consulting Services Pty Ltd v Gresham Property Investments Ltd (No 2) [2018] NSWCA 313 Hearing dates: On the papers Decision date: 18 December 2018 Before: Bathurst CJ; McColl JA; Leeming JA Decision: Set aside order 3 made on 6 November 2018 and in lieu thereof order that:

3A. The first respondent Gresham pay the appellants' costs at first instance.

3B. The first respondent Gresham pay the appellants' costs of this appeal up to and including 10 August 2018 on the ordinary basis.

3C. Orders 3A and 3B are taken to have effect on 6 November 2018.

3D. Order that the notice of motion filed 20 November 2018 as to the appellants' costs of the appeal from 11 August 2018 be heard and determined, on the papers, by a single Judge of Appeal. Catchwords: COSTS – Calderbank offer made by successful appellants – where declaratory relief given as to distribution of fund – fund not distributed – quantum of future distribution uncertain – unresolved dispute about extent of priority creditors – receivers' fees not determined – where offer related to only a small proportion of successful parties' total costs – where unsuccessful respondent submitted that uncertainty should result in ordinary order as to costs – application remitted to single Judge of Appeal with a view to hearing parties further and awaiting further steps in distribution of fund Legislation Cited: Supreme Court Act 1970 (NSW), s 46 Uniform Civil Procedure Rules, r 36.16 Cases Cited: Global Consulting Services Pty Ltd v Gresham Property Investments Ltd [2018] NSWCA 255 Category: Costs Parties: Global Consulting Services Pty Ltd (1st Appellant) RGN Pty Ltd (2nd Appellant) Gresham Property Investments Ltd (1st Respondent) Pentridge Village Pty Ltd (Receiver and Manager Appointed) (Controller Appointed) (In Liquidation) (2nd Respondent) Pierora Pty Ltd (Receiver and Manager Appointed) (Controller Appointed) (In Liquidation) (3rd Respondent) PVS5 Holding Co Pty Ltd (Receiver and Manager Appointed) (Controller Appointed) (4th Respondent) Representation: Counsel: