Hebbel Constructions Pty Limited v Bitar Pty Limited and Anor [2018] NSWSC 859

Hebbel Constructions Pty Limited v Bitar Pty Limited and Anor [2018] NSWSC 859

Indemnity costs were justified against Bitar Pty Ltd as the unsuccessful applicant for discharge of the Court-appointed receiver, since Hebbel would otherwise fund half the difference between receiver's actual costs and those recoverable on the ordinary basis from partnership assets; ordinary costs were ordered in favour of Hebbel Constructions Pty Ltd as the successful respondent.

Parties
Plaintiff: Hebbel Constructions Pty Limited; First Defendant: Bitar Pty Limited; Court Receiver: Daniel Frisken
Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Notice of Motion / Costs Determination After Unsuccessful Application for Discharge of Receiver
Outcome
Application dismissed; costs orders made.
Legal Topics
Costs, Indemnity Costs, Receiver, Discharge of Receiver, Partnership
Equity Costs Indemnity Costs Receiver Discharge of Receiver Partnership

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Parties

Hebbel Constructions Pty Limited

Plaintiff

Bitar Pty Limited

First Defendant

Daniel Frisken

Court Receiver

Procedural Posture

Notice of Motion / Costs Determination After Unsuccessful Application for Discharge of Receiver

Legal Issues

  1. 1 Whether indemnity costs should be ordered against the unsuccessful applicant for discharge of Court-appointed receiver
  2. 2 Whether it was reasonable for Bitar Pty Ltd to bring the application for receiver's discharge

Ratio Decidendi

Indemnity costs were justified against Bitar Pty Ltd as the unsuccessful applicant for discharge of the Court-appointed receiver, since Hebbel would otherwise fund half the difference between receiver's actual costs and those recoverable on the ordinary basis from partnership assets; ordinary costs were ordered in favour of Hebbel Constructions Pty Ltd as the successful respondent.

Court Disposition

Application dismissed; costs orders made.

Orders

  • Notice of Motion filed by Bitar Pty Ltd on 24 April 2018 dismissed.
  • Bitar Pty Ltd to pay Daniel Frisken's costs of and incidental to the motion on an indemnity basis.