Elite Group Sydney Pty Ltd v Mark Raymond Hutchins in his capacity as Administrator of Total Equipment Management Pty Ltd ACN 138964708 & Ors [2017] NSWSC 372

Elite Group Sydney Pty Ltd v Mark Raymond Hutchins in his capacity as Administrator of Total Equipment Management Pty Ltd ACN 138964708 & Ors [2017] NSWSC 372

The plaintiff, Elite, failed to show grounds for departing from the ordinary rule under UCPR r 42.19. The administrators were agents for NAB, a disclosed principal, and should not have been parties. Elite did not have an almost certain chance of success against the administrators. Therefore, Elite must pay the administrators' costs.

Parties
Plaintiff: Elite Group Sydney Pty Ltd; First Defendant: Mark Raymond Hutchins in his capacity as Administrator of Total Equipment Management Pty Ltd ACN 138964708; Second Defendant: Alan Lee Walker in his capacity as Administrator of Total Equipment Management Pty Ltd ACN 138964708; Third Defendant: National Australia Bank
Jurisdiction
Australia
Judgment Date
27 February 2017
Procedural Posture
Civil / Costs on Discontinuance
Outcome
Plaintiff to pay the costs of the first and second defendants including today's application.
Legal Topics
Costs on Discontinuance, Agents and Principals, Security Interests
Equity Costs Costs on Discontinuance Agents and Principals Security Interests

Case Brief

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Parties

Elite Group Sydney Pty Ltd

Plaintiff

Mark Raymond Hutchins in his capacity as Administrator of Total Equipment Management Pty Ltd ACN 138964708

First Defendant

Alan Lee Walker in his capacity as Administrator of Total Equipment Management Pty Ltd ACN 138964708

Second Defendant

National Australia Bank

Third Defendant

Procedural Posture

Civil / Costs on Discontinuance

Legal Issues

  1. 1 Whether the plaintiff is required to pay the administrators' costs on discontinuance under UCPR r 42.19
  2. 2 Whether there are positive grounds or good reason to depart from the ordinary rule for costs
  3. 3 Whether the administrators were proper parties to proceedings

Ratio Decidendi

The plaintiff, Elite, failed to show grounds for departing from the ordinary rule under UCPR r 42.19. The administrators were agents for NAB, a disclosed principal, and should not have been parties. Elite did not have an almost certain chance of success against the administrators. Therefore, Elite must pay the administrators' costs.

Court Disposition

Plaintiff to pay the costs of the first and second defendants including today's application.

Orders

  • Plaintiff, Elite Group Sydney Pty Ltd, to pay the costs of the first and second defendants of the proceedings, including costs of the plaintiff's application.