Drama Unit Pty Ltd v Fearndale Holdings Pty Ltd (Administrator Appointed) & Anor [2019] NSWSC 424

Supreme Court New South Wales

Medium Neutral Citation: Drama Unit Pty Ltd v Fearndale Holdings Pty Ltd (Administrator Appointed) & Anor [2019] NSWSC 424 Hearing dates: Last submissions 18 March 2019 Decision date: 16 April 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: No order as to costs of the proceedings as between the Plaintiff and First Defendant. The Second Defendant's costs of the proceedings be costs in the voluntary administration of the First Defendant. Catchwords: COSTS – party/party – exceptions to general rule that costs follow the event – conduct of hearings – where plaintiff pursued a significant number of arguments at hearing – where plaintiff has only had limited success – whether order as to costs should be made. Legislation Cited: - Conveyancing Act 1919 (NSW) s 129 - Mining Act 1992 (NSW) - Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Drama Unit Pty Ltd v Fearndale Holdings Pty Ltd (admin apptd) [2018] NSWSC 1895 - Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 - Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Category: Costs Parties: Drama Unit Pty Ltd (Plaintiff) Fearndale Holdings Pty Ltd (Administrator Appointed) (First Defendant) Timothy Cook (Second Defendant) Representation: Counsel: B Phillips (Plaintiff) S Golledge (First and Second Defendants)

Solicitors: Dettmann Longworth Lawyers (Plaintiff) William James Lawyers (First and Second Defendants) File Number(s): 2018/353117