Masters v Lombe (liquidator), in the matter of Babcock & Brown Limited (in liq) (Application to vary timetable) [2025] FCA 9

Masters v Lombe (liquidator), in the matter of Babcock & Brown Limited (in liq) (Application to vary timetable) [2025] FCA 9

A very limited extension (one week) to the timetable for the Costs Respondents to provide their Cost Response affidavit was justified on pragmatic grounds, as the Costs Applicant could not point to any substantive prejudice. Further variations to directions are to be sought from the Referee; the Referee controls the conduct of the costs inquiry.

Parties
Plaintiffs / Costs Respondents / Appellants: Michael Masters and others; Plaintiffs / Costs Respondents / Appellants: Bruce Broome and others; Plaintiffs / Costs Respondents / Appellants: Sarah Wilhelm and others; Defendant / Costs Applicant / Respondent: David Lombe in his capacity as Liquidator of Babcock & Brown Limited (in liquidation)
Jurisdiction
Australia
Judgment Date
17 January 2025
Procedural Posture
Application to Vary Timetable in Costs Assessment (commercial and Corporations) / Interlocutory Application Determined on the Papers
Outcome
Application to vary timetable allowed in limited respect; otherwise refused. Costs ordered in favour of the Costs Applicant.
Legal Topics
Variation of Timetable, Lump Sum Costs, Reference to Referee, Costs Determination
Practice and Procedure Corporations Law Insolvency Variation of Timetable Lump Sum Costs Reference to Referee Costs Determination

Case Brief

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Parties

Michael Masters and others

Plaintiffs / Costs Respondents / Appellants

Bruce Broome and others

Plaintiffs / Costs Respondents / Appellants

Sarah Wilhelm and others

Plaintiffs / Costs Respondents / Appellants

David Lombe in his capacity as Liquidator of Babcock & Brown Limited (in liquidation)

Defendant / Costs Applicant / Respondent

Procedural Posture

Application to Vary Timetable in Costs Assessment (commercial and Corporations) / Interlocutory Application Determined on the Papers

Legal Issues

  1. 1 Whether to vary the timetable for reference to inquire into lump sum costs determinations
  2. 2 Appropriateness of extending deadlines set by the Referee and the Court
  3. 3 Appropriate forum for resolution of disputes as to directions or production of documents in the reference

Ratio Decidendi

A very limited extension (one week) to the timetable for the Costs Respondents to provide their Cost Response affidavit was justified on pragmatic grounds, as the Costs Applicant could not point to any substantive prejudice. Further variations to directions are to be sought from the Referee; the Referee controls the conduct of the costs inquiry.

Court Disposition

Application to vary timetable allowed in limited respect; otherwise refused. Costs ordered in favour of the Costs Applicant.

Orders

  • The time in order 6 of the orders made on 21 November 2024 is extended to 7 March 2025.
  • The time for compliance with direction 1 made by the Referee on 5 December 2024 is extended to 27 January 2025.