The Oak Hotel Cessnock Pty Ltd (in liq) v Deputy Commissioner of Taxation [2020] NSWSC 1589

The Oak Hotel Cessnock Pty Ltd (in liq) v Deputy Commissioner of Taxation [2020] NSWSC 1589

Mr Lucan was the only authorised agent through whom the first plaintiff could comply with its obligations to participate in the Court's processes. His unexplained seven-month failure to communicate with the defendants' solicitors or the Court, despite repeated requests and directions, caused unnecessary costs and was a gross breach of the duty imposed by s 56(3) of the Civil Procedure Act 2005 (NSW), warranting a personal indemnity costs order against him rather than an order against the first plaintiff. The defendants were entitled to particulars of the serious allegation in paragraph 17 of the statement of claim because identifying evidence was not a substitute for particulars. General...

Jurisdiction
Australia
Judgment Date
11 November 2020
Procedural Posture
Procedural and Other Rulings / Hearing of the Defendants' Amended Notice of Motion Filed on 23 July 2020 and the Plaintiffs' Notice of Motion Filed on 14 September 2020
Outcome
Defendants' applications for personal indemnity costs against the liquidator and for particulars were granted; plaintiffs' discovery motion was dismissed; Dr Harvey's undertaking to regularise the proceedings was noted.
Legal Topics
['orders Against Non Parties' 'personal Costs Orders Against Liquidator' 'indemnity Costs' 'pleadings and Particulars' 'discovery' 'unauthorised Disclosure of Taxation Information']
['costs' 'civil Procedure' 'corporations and Insolvency' 'taxation'] ['orders Against Non Parties' 'personal Costs Orders Against Liquidator' 'indemnity Costs' 'pleadings and Particulars' 'discovery' 'unauthorised Disclosure of Taxation Information']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Procedural and Other Rulings / Hearing of the Defendants' Amended Notice of Motion Filed on 23 July 2020 and the Plaintiffs' Notice of Motion Filed on 14 September 2020

Legal Issues

  1. 1 ["Whether the first plaintiff's liquidator, Aaron Lucan, should personally pay the defendants' costs of their application to strike out part of the proceedings, and whether those costs should be on an indemnity basis." 'Whether the plaintiffs should be directed to provide particulars of paragraph 17 of the statement of claim concerning alleged unauthorised disclosure of taxation and financial information.' 'Whether the plaintiffs should obtain an order for general discovery against the defendants.']

Ratio Decidendi

Mr Lucan was the only authorised agent through whom the first plaintiff could comply with its obligations to participate in the Court's processes. His unexplained seven-month failure to communicate with the defendants' solicitors or the Court, despite repeated requests and directions, caused unnecessary costs and was a gross breach of the duty imposed by s 56(3) of the Civil Procedure Act 2005 (NSW), warranting a personal indemnity costs order against him rather than an order against the first plaintiff. The defendants were entitled to particulars of the serious allegation in paragraph 17 of the statement of claim because identifying evidence was not a substitute for particulars. General...

Court Disposition

Defendants' applications for personal indemnity costs against the liquidator and for particulars were granted; plaintiffs' discovery motion was dismissed; Dr Harvey's undertaking to regularise the proceedings was noted.

Orders

  • ['Note the undertaking given to the Court on 6 November 2020 by Dr John Harvey that on or before 20 November 2020 he will file an amended statement of claim which names him as the third plaintiff, together with an affidavit authorising him to be a plaintiff in accordance with Uniform Civil Procedure Rules 2005...