In the matter of Glenvine Pty Limited (in liquidation) [2020] NSWSC 1017

In the matter of Glenvine Pty Limited (in liquidation) [2020] NSWSC 1017

Ms Van Beek and BAPL are liable for the Liquidator's costs of the interlocutory application, with BAPL liable from 4 June 2020 and Van Beek from 18 June 2020, such costs to be quantified on a gross sum (not indemnity) basis, and ordinarily not forthwith unless Van Beek cannot satisfactorily undertake not to encumber her property in priority to the Liquidator's costs. Costs are to be paid without recourse to the assets of the VBC Trust.

Jurisdiction
Australia
Judgment Date
04 August 2020
Procedural Posture
Interlocutory Application / Post Judgment Costs Determination on Papers
Outcome
Costs orders to be made on a gross sum basis in favour of the Liquidator, payable by Ms Van Beek and BAPL for specified periods, without recourse to trust assets. Forthwith payment only if Van Beek does not undertake not to encumber her property for her own legal costs in priority to the Liquidator.
Legal Topics
['costs' 'appointment of Receiver' 'trusts' 'gross Sum Costs Order']
['equity' 'corporations Law'] ['costs' 'appointment of Receiver' 'trusts' 'gross Sum Costs Order']

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Procedural Posture

Interlocutory Application / Post Judgment Costs Determination on Papers

Legal Issues

  1. 1 ["Whether Ms Van Beek and BAPL should pay the Liquidator's costs and for what period" 'Whether costs should be quantified on a gross sum basis' 'Whether costs should be ordered on an indemnity basis from 18 June 2020' 'Whether costs should be paid forthwith' 'Whether costs should be paid without recourse to the VBC Trust']

Ratio Decidendi

Ms Van Beek and BAPL are liable for the Liquidator's costs of the interlocutory application, with BAPL liable from 4 June 2020 and Van Beek from 18 June 2020, such costs to be quantified on a gross sum (not indemnity) basis, and ordinarily not forthwith unless Van Beek cannot satisfactorily undertake not to encumber her property in priority to the Liquidator's costs. Costs are to be paid without recourse to the assets of the VBC Trust.

Court Disposition

Costs orders to be made on a gross sum basis in favour of the Liquidator, payable by Ms Van Beek and BAPL for specified periods, without recourse to trust assets. Forthwith payment only if Van Beek does not undertake not to encumber her property for her own legal costs in priority to the Liquidator.

Orders

  • ['Parties to bring in agreed orders giving effect to judgment within 7 days, or submit draft short minutes and submissions if agreement is not reached.']