In the matter of FW Projects Pty Limited (in liquidation) [2019] NSWSC 1019

Supreme Court New South Wales

Medium Neutral Citation: In the matter of FW Projects Pty Limited (in liquidation) [2019] NSWSC 1019 Hearing dates: Written submissions 24 July 2019 Date of orders: 25 July 2019 Decision date: 12 August 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Plaintiffs to pay forthwith the First, Second and Third Defendants' costs, and CBP's costs, on the specified basis. Prayers 1-5 of the Amended Originating Process be dismissed. Catchwords: COSTS – determination of whether costs are payable – where only some prayers of relief were to be heard – where other prayers yet to be heard – where plaintiff unsuccessful – basis upon which plaintiff is to pay defendant's costs – whether a party heard under r 2.13 of the Supreme Court (Corporations) Rules 1999 (NSW) should be awarded its costs.

COSTS – application for costs be assessed and payable forthwith – where hearing on substantial and discrete application – where there is likely significant time before balance of issues are determined – where one party will have no further role in proceedings – whether costs should be assessed and payable forthwith. Legislation Cited: - Conveyancing Act 1919 (NSW) s 37A - Real Property Act 2000 (NSW) s 42 - Supreme Court (Corporations) Rules 1999 (NSW) r 2.13 - Uniform Civil Procedure Rules 2005 (NSW) rr 42.7(1), 42.7(2) Cases Cited: - Brasington v Overton Investments Pty Ltd [2001] FCA 571 - Fiduciary Ltd v Morningstar Research Pty Ltd [2002] NSWSC 432; (2002) 55 NSWLR 1 - Rafferty v Time 2000 West Pty Ltd (No 3) [2009] FCA 727; (2009) 257 ALR 503 - Re FW Projects Pty Limited (in liq) [2019] NSWSC 892 - Re Punters Show Pty Limited [2017] NSWSC 605 - Re Tiaro Coal Limited (in liq) [2018] NSWSC 1043 - Ritson v Gay & Lesbian Community Publishing Ltd [2012] NSWSC 586 - UGL Services Pty Ltd v F1 Solutions Pty Ltd [2012] FCA 245 - Westpac Banking Corporation v Bell Group Ltd (in liq) (No 3) [2012] WASCA 157; (2012) 89 ACSR 1 Category: Costs Parties: Hindmarsh Construction Australia Pty Ltd (First Plaintiff) Bellerive Homes Pty Ltd (Second Plaintiff) FW Projects Pty Limited (in liq) (First Defendant) Trent Andrew Devine and Bradd William Morelli in their capacity as joint and several liquidators of FW Projects Pty Limited (in liq) (Second Defendant) Manassen Holdings Pty Ltd (Third Defendant) Albert Investment Holdings Pty Ltd (acting in its own capacity and as trustee of the Rose Capital Trust) (Fourth Defendant) S F Capital Pty Ltd (acting in its own capacity and as Trustee of the Fowler Superannuation Fund) (Fifth Defendant) Colin Biggers & Paisley Pty Limited (Heard as interested person under rule 2.13 of the Supreme Court (Corporations) Rules 1999 (NSW)) Representation: Counsel: A J McInerney SC/M A Karam (Plaintiffs) A P Cheshire SC (First and Second Defendants) A Shearer (Third Defendant) P Harkin (Solicitor) (Interested Person)