Mulvaney Holdings Pty Ltd v Thorne

Mulvaney Holdings Pty Ltd brought proceedings against Thorne and others, resulting in orders being made on 30 April 2012 and 29 March 2012 that affected the interests of the respondents, who were not parties to the proceeding. The respondents sought to have the orders discharged and argued that Mulvaney should bear the costs incurred by them due to the orders. The court was required to determine whether persons who are affected by orders made in a proceeding but who are not parties to that proceeding should be protected as to the reasonable costs incurred as a result of the orders, and if so, whether Mulvaney should pay the costs incurred by the respondents on an indemnity basis.

The court held that the orders made on 30 April 2012 and 29 March 2012 should be discharged as they were made without the respondents being heard. The court also found that Mulvaney should pay the costs incurred by the respondents on an indemnity basis because the respondents were affected by the orders and did not have an opportunity to be heard when they were made. The court considered that it was appropriate to protect the respondents from the costs incurred due to the orders made by Mulvaney.

The court ordered that the orders made on 30 April 2012 and 29 March 2012 be discharged. Mulvaney was required to pay Macrossan & Amiet the sum of $1,619.45 within two days and the reasonable costs, on the indemnity basis, of Graham David Laird (personally and as trustee of the Laird Family Trust), Richard John Williamson and Rick Williamson Investments Pty Ltd of and incidental to the applications and orders made on 29 March 2012 and 30 April 2012 including their costs of and incidental to the hearing of 27 August 2012. The applications made on 29 March 2012, 30 April 2012 and 27 August 2012 were otherwise dismissed.