Perpetual Trustee Company Ltd v Milanex Pty Ltd (in liquidation) (No 2)

The dispute before the Court of Appeal of New South Wales involved Perpetual Trustee Company Ltd and Milanex Pty Ltd (in liquidation). The proceedings concerned an application to set aside and vary previous orders made by the primary judge.

The court was required to determine whether to set aside an order made on 16 November 2009, and to vary orders made on 28 November 2011. Further issues related to the costs of various notices of motion filed by the parties.

The court reasoned that the order of 16 November 2009 should be set aside, and judgment entered in favour of Perpetual Trustee Company Ltd against Milanex Pty Ltd for $180,026.30. The court also varied the orders of 28 November 2011 to reflect the allowance in part of a cross-appeal and to include specific references to the cross-appeal. Milanex Pty Ltd was ordered to indemnify Perpetual Trustee Company Ltd for certain costs awarded to Mr Kotevski in the proceedings below, and to pay Perpetual Trustee Company Ltd's costs in relation to specific notices of motion. Milanex Pty Ltd's own notice of motion filed on 12 December 2011 was dismissed, with Milanex Pty Ltd ordered to pay Perpetual Trustee Company Ltd's costs of that motion.