FEDERAL COURT OF AUSTRALIA
Tony Saad Pty Ltd (ACN 075 283 993) v Lift Capital Partners Pty Limited (In Liquidation) (ACN 111 015 500) [2010] FCA 195
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Citation: |
Tony Saad Pty Ltd (ACN 075 283 993) v Lift Capital Partners Pty Limited (In Liquidation) (ACN 111 015 500) [2010] FCA 195 |
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Parties: |
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File number(s): |
NSD 57 of 2010; NSD 58 of 2010 |
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Judge: |
EMMETT J |
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Date of judgment: |
26 February 2010 |
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Legislation: |
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Dates of hearing: |
27 November 2009; 3, 4, 5 and 8 February 2010 |
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Place: |
Sydney |
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Division: |
GENERAL DIVISION |
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Category: |
No catchwords |
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Number of paragraphs: |
2 |
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Counsel for the Plaintiffs: |
RM Smith SC, MA Jones, GES Ng |
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Solicitor for the Plaintiffs: |
Swaab Attorneys |
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Counsel for the Defendants: |
IM Jackman SC with MR Tyson |
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Solicitor for the Defendants: |
Allens Arthur Robinson |
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
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GENERAL DIVISION |
NSD 57 of 2010 |
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TONY SAAD PTY LTD (ACN 075 283 993) Plaintiff
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AND: |
LIFT CAPITAL PARTNERS PTY LIMITED (IN LIQUIDATION) ACN 111 015 500 First Defendant
LIFT CAPITAL NOMINEES NO 1 PTY LIMITED (IN LIQUIDATION) ACN 112 913 532 Second Defendant
ANTHONY GREGORY MCGRATH IN HIS CAPACITY AS LIQUIDATOR Third Defendant
JOSEPH DAVID JAYES IN HIS CAPACITY AS LIQUIDATOR Fourth Defendant
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JUDGE: |
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DATE OF ORDER: |
26 FEBRUARY 2010 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The Plaintiff is to pay the costs of the Defendants in the proceeding.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
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GENERAL DIVISION |
NSD 58 of 2010 |
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BETWEEN: |
BACNET PTY LTD ACN 115 594 075 First Plaintiff
BANCTRADE PTY LIMITED ACN 116 742 520 Second Plaintiff
BIOVEST PTY LTD ACN 109 842 480 Third Plaintiff
COLUMCILLE TRADING PTY LTD ACN 089 712 452 Fourth Plaintiff
FAMBROS (AUST) PTY LTD ACN 062 907 868 Fifth Plaintiff
FAMGROUP PTY LTD ACN 080 698 406 Sixth Plaintiff
FAMTRUST PTY LTD ACN 073 114 520 Seventh Plaintiff
FICTRADE PTY LTD ACN 098 744 391 Eighth Plaintiff
HYPERTRADE PTY LTD ACN 082 085 578 Ninth Plaintiff
JAMASCO PTY LTD ACN 116 543 741 Tenth Plaintiff
JOSMAR PTY LTD ACN 003 934 245 Eleventh Plaintiff
MLT TRADE PTY LTD ACN 117 845 735 Twelfth Plaintiff
MUSGARD PTY LTD ACN 070 790 671 Thirteenth Plaintiff
PAYTO PTY LTD ACN 060 491 063 Fourteenth Plaintiff
PENNABROKER TRADING PTY LTD ACN 094 068 701 Fifteenth Plaintiff
RENTO PTY LTD ACN 060 953 865 Sixteenth Plaintiff
SHAREFUND PTY LTD ACN 081 342 869 Seventeenth Plaintiff
STOCKNET PTY LTD ACN 075 798 373 Eighteenth Plaintiff
TF TRADE PTY LTD ACN 100 880 939 Nineteenth Plaintiff
TOAUST PTY LTD ACN 071 131 532 Twentieth Plaintiff
TRADE 2 PTY LTD ACN 070 952 199 Twenty First Plaintiff
TRADESHARE (AUST) PTY LTD ACN 123 169 497 Twenty Second Plaintiff
TRADEX (AUST) PTY LTD ACN 131 379 173 Twenty Third Plaintiff
TRITRADE PTY LTD ACN 061 213 223 Twenty Fourth Plaintiff
VINANG PTY LTD ACN 082 546 549 Twenty Fifth Plaintiff
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AND: |
LIFT CAPITAL PARTNERS PTY LIMITED (IN LIQUIDATION) ACN 111 015 500 First Defendant
LIFT CAPITAL NOMINEES NO 1 PTY LIMITED (IN LIQUIDATION) ACN 112 913 532 Second Defendant
ANTHONY GREGORY MCGRATH IN HIS CAPACITY AS LIQUIDATOR Third Defendant
JOSEPH DAVID JAYES IN HIS CAPACITY AS LIQUIDATOR Fourth Defendant
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JUDGE: |
EMMETT J |
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DATE OF ORDER: |
26 FEBRUARY 2010 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The Plaintiffs are to pay the costs of the Defendants in the proceeding.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
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GENERAL DIVISION |
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NSD 57 of 2010
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BETWEEN: |
TONY SAAD PTY LTD (ACN 075 283 993) Plaintiff
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AND: |
LIFT CAPITAL PARTNERS PTY LIMITED (IN LIQUIDATION) ACN 111 015 500 First Defendant
LIFT CAPITAL NOMINEES NO 1 PTY LIMITED (IN LIQUIDATION) ACN 112 913 532 Second Defendant
ANTHONY GREGORY MCGRATH IN HIS CAPACITY AS LIQUIDATOR Third Defendant
JOSEPH DAVID JAYES IN HIS CAPACITY AS LIQUIDATOR Fourth Defendant
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NSD 58 of 2010
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BETWEEN: |
BACNET PTY LTD ACN 115 594 075 First Plaintiff
BANCTRADE PTY LIMITED ACN 116 742 520 Second Plaintiff
BIOVEST PTY LTD ACN 109 842 480 Third Plaintiff
COLUMCILLE TRADING PTY LTD ACN 089 712 452 Fourth Plaintiff
FAMBROS (AUST) PTY LTD ACN 062 907 868 Fifth Plaintiff
FAMGROUP PTY LTD ACN 080 698 406 Sixth Plaintiff
FAMTRUST PTY LTD ACN 073 114 520 Seventh Plaintiff
FICTRADE PTY LTD ACN 098 744 391 Eighth Plaintiff
HYPERTRADE PTY LTD ACN 082 085 578 Ninth Plaintiff
JAMASCO PTY LTD ACN 116 543 741 Tenth Plaintiff
JOSMAR PTY LTD ACN 003 934 245 Eleventh Plaintiff
MLT TRADE PTY LTD ACN 117 845 735 Twelfth Plaintiff
MUSGARD PTY LTD ACN 070 790 671 Thirteenth Plaintiff
PAYTO PTY LTD ACN 060 491 063 Fourteenth Plaintiff
PENNABROKER TRADING PTY LTD ACN 094 068 701 Fifteenth Plaintiff
RENTO PTY LTD ACN 060 953 865 Sixteenth Plaintiff
SHAREFUND PTY LTD ACN 081 342 869 Seventeenth Plaintiff
STOCKNET PTY LTD ACN 075 798 373 Eighteenth Plaintiff
TF TRADE PTY LTD ACN 100 880 939 Nineteenth Plaintiff
TOAUST PTY LTD ACN 071 131 532 Twentieth Plaintiff
TRADE 2 PTY LTD ACN 070 952 199 Twenty First Plaintiff
TRADESHARE (AUST) PTY LTD ACN 123 169 497 Twenty Second Plaintiff
TRADEX (AUST) PTY LTD ACN 131 379 173 Twenty Third Plaintiff
TRITRADE PTY LTD ACN 061 213 223 Twenty Fourth Plaintiff
VINANG PTY LTD ACN 082 546 549 Twenty Fifth Plaintiff
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AND: |
LIFT CAPITAL PARTNERS PTY LIMITED (IN LIQUIDATION) ACN 111 015 500 First Defendant
LIFT CAPITAL NOMINEES NO 1 PTY LIMITED (IN LIQUIDATION) ACN 112 913 532 Second Defendant
ANTHONY GREGORY MCGRATH IN HIS CAPACITY AS LIQUIDATOR Third Defendant
JOSEPH DAVID JAYES IN HIS CAPACITY AS LIQUIDATOR Fourth Defendant
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JUDGE: |
EMMETT J |
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DATE: |
26 FEBRUARY 2010 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 On 8 February 2010 I made orders that these two proceedings be dismissed. At that stage, when an application for an order for costs was made on behalf of the defendants, counsel for the plaintiffs requested that consideration of that question be deferred until today. When the matter was called on today, the plaintiff requested a further adjournment on the basis that the transcription of my oral reasons for dismissing the proceedings had not become available. However, it is clear enough that the plaintiffs are aware of the basis of the dismissal, they having filed a notice of appeal from the orders.
2 No explanation was given as to why any further adjournment was required and why a costs order should not now be made, the plaintiffs in each proceeding, have been unsuccessful. There is no reason why costs should not follow the event. Accordingly, I propose to order the plaintiffs in each proceeding to pay the costs of the defendants in each proceeding. It may well be that there will be a question of overlap of costs between these proceedings and proceeding NSD 1308 of 2009 dealing with schemes of arrangement in relation to the two defendants. That will ultimately be a matter for the taxing officer if a dispute arises.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett. |
Associate:
Dated: 8 March 2010
