In the matter of Zamora Homes Pty Limited (in liquidation) and others [2019] NSWSC 1633

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Zamora Homes Pty Limited (in liquidation) and others [2019] NSWSC 1633 Hearing dates: 11 June 2019 Date of orders: 11 June 2019 Decision date: 11 June 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that the Plaintiffs pay the liquidator's costs on the specified basis. Catchwords: COSTS – party/party – general rule that costs follow the event – proceedings discontinued or dismissed – where party bringing application delayed in filing pleading – where party withdrew application for appointment of special purpose liquidator – where proceedings were dismissed by consent – whether the applicant should pay the respondent's costs

COSTS – application for costs on an indemnity basis – where delay caused by party by filing a pleading late – where proceedings have not been unreasonably conducted – whether indemnity costs should be ordered.

COSTS – application for costs on an indemnity basis – where offer of compromise purportedly made – whether offer was capable of constituting an offer for the purposes of r 20.26 of the Uniform Civil Procedure Rules 2005 (NSW).

COSTS – application for costs on an indemnity basis – where Calderbank offer made –where offer was complex and introduced uncertainties – whether it was unreasonable to not accept offer. Legislation Cited: - Uniform Civil Procedure Rules 2005 (NSW) rr 20.26, 42.20 Cases Cited: - Calderbank v Calderbank [1975] 3 WLR 586 - Hall v Poolman [2009] NSWCA 64 - McNamara v San [2010] NSWSC 809 - Nu Line Construction Group Pty Ltd v Fowler [2012] NSWSC 816 - Re MF Global Australia Pty Ltd (in liq); Hopper v Campbell in his capacity as liquidator of MF Global Australia Ltd (in liq) [2015] NSWSC 1583 - Re Mustang Marine Services Pty Ltd [2014] NSWSC 1074 Category: Costs Parties: Salvatore Morabito and Frank Morabito (Plaintiffs) Jainti Pty Ltd (in liq) (Second Defendant) Geoffrey Reidy in his capacity as liquidator of Jainti Pty Ltd (in liq) (Third Defendant) Representation: Counsel: J A Rose (Plaintiffs) H Somerville (Second and Third Defendants)