In the matter of Bias Boating Pty Limited (receivers and managers appointed) (in liquidation) [2019] NSWSC 47

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bias Boating Pty Limited (receivers and managers appointed) (in liquidation) [2019] NSWSC 47 Hearing dates: 21 November 2018 (last submissions as to costs 25 January 2019) Decision date: 06 February 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that the First, Second, Third, Eleventh, Thirteenth, Sixteenth and Seventeenth Defendants pay the Plaintiffs' costs of the determination of the separate question. Catchwords: COSTS – determination of separate question – whether order for costs against defendants appropriate – where defendants put plaintiffs to proof of insolvency Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 98 - Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: - Ausino International Pty Ltd v Apex Sports Pty Ltd [2006] NSWSC 1119 - Baulderstone Hornibrook Pty Ltd v Qantas Airways Ltd [2003] FCA 325 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Dean-Willcocks v Air Transit International [2002] NSWSC 525 - Global Constructions Australia Pty Ltd (in liq) v AIG Australia Ltd (No 3) [2018] FCA 432 - Heath v Greenacre Business Park [2016] NSWCA 34 - His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand v The Macedonian Orthodox Community Church St Petka Incorporated (No 2) [2007] NSWCA 142 - Morris Finance Ltd v Free (No 2) [2016] NSWSC 1064 - Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 - Re ACN 108 153 251 (Formerly JFTA Pty Ltd) (in liq) [2014] NSWSC 1903 - Re RCG CBD Pty Ltd (in liq) [2016] NSWSC 1489 Spear v Hallenstein (No 2) (Costs) [2018] VSC 207 Category: Costs Parties: Ian James Purchas in his capacity as liquidator of Bias Boating Pty Limited (receivers and managers appointed) (in liquidation) (First Plaintiff) Bias Boating Pty Limited (receivers and managers appointed) (in liquidation) (Second Plaintiff) Navico Australia Pty Limited (First Defendant) Supercharge Batteries Pty Ltd (Second Defendant) R W Basham Pty Limited t/as RWB Marine (Third Defendant) Commissioner of State Revenue (Qld) (Eleventh Defendant) Lalizas Marine Australia Pty Ltd t/as Oceansouth Pty Ltd (Thirteenth Defendant) Littler Investment Company Pty Ltd t/as Boating Lifestyle Adventure (Sixteenth Defendant) RFD (Australia) Pty Ltd (Seventeenth Defendant) Representation: Counsel: S Golledge (Plaintiffs) N Hallasso (Solicitor – First and Thirteenth Defendants) V Tranchita (Director of the former Fifth Defendant)