Angus Carnegie Gordon in his capacity as liquidator of Lyon Form Pty Ltd (in liq) & Anor v Leon Plant Hire Pty Ltd (in liq) & Ors [2015] NSWSC 662

Angus Carnegie Gordon in his capacity as liquidator of Lyon Form Pty Ltd (in liq) & Anor v Leon Plant Hire Pty Ltd (in liq) & Ors [2015] NSWSC 662

Costs should follow the event as between Plaintiffs and unsuccessful Defendants, with indemnity costs awarded from date of offer of compromise under r 42.14. Plaintiffs to pay Mrs Dicsiascio's costs for the personal insolvency agreement issue on an ordinary basis, but not on an indemnity basis, as the claim against her was not unreasonable or without merit. Orders made as per short minutes agreed except as to costs, which follows the reasoning above.

Jurisdiction
Australia
Judgment Date
29 May 2015
Procedural Posture
Corporations Matter / Costs Application / Post Judgment; Determination of Costs and Final Orders
Outcome
Orders made for payment of money, declaration of equitable charge, findings on transaction characterisation, and costs orders as specified.
Legal Topics
['costs' 'uncommercial Transaction' 'director Duties' 'personal Insolvency Agreement']
['insolvency' 'corporations' 'civil Procedure'] ['costs' 'uncommercial Transaction' 'director Duties' 'personal Insolvency Agreement']

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Procedural Posture

Corporations Matter / Costs Application / Post Judgment; Determination of Costs and Final Orders

Legal Issues

  1. 1 ['Appropriate orders as to costs including indemnity and ordinary bases' 'Entitlement to costs following an offer of compromise' 'Costs consequences of personal insolvency agreement extinguishing claim' 'Relief against directors and associated entities under ss 588FB, 588FDA, 588FF Corporations Act 2001 (Cth)']

Ratio Decidendi

Costs should follow the event as between Plaintiffs and unsuccessful Defendants, with indemnity costs awarded from date of offer of compromise under r 42.14. Plaintiffs to pay Mrs Dicsiascio's costs for the personal insolvency agreement issue on an ordinary basis, but not on an indemnity basis, as the claim against her was not unreasonable or without merit. Orders made as per short minutes agreed except as to costs, which follows the reasoning above.

Court Disposition

Orders made for payment of money, declaration of equitable charge, findings on transaction characterisation, and costs orders as specified.

Orders

  • ['First, Second, Fourth and Fifth Defendants to pay $110,779.55 to Second Plaintiff.' 'Second Plaintiff holds equitable charge over specified land as security for judgment sum.' 'Declaration that payments of $103,000 and $4,450 to Second Defendant were unreasonable director related and uncommercial transactions.'...