Reference no: EM133503125

It is now December 2023. The matter has continued to judgment in the Supreme Court. Clinton has settled her claim with the Registrar of Titles who has agreed to financially compensate the plaintiff for loss of her property due to the allegedly fraudulent sale. She has therefore withdrawn her claim against Busey. Dr Stein has retained ownership of the property. Clinton's claims against Void and Wizard Of Finance has also been withdrawn.

Busey has obtained judgment in his favour against Mothership Concrete for $314,000 for the inferior concrete. He has also obtained a judgment against Wizard Of Finance Pty Ltd for the $25,000 that he was owed for the work undertaken. Busey's total legal costs associated with the matter are $111,000.

Of concern for Busey is the fact that Wizard Of Finance Pty Ltd appear to be in financial strife themselves. Despite owing several millions of dollars to investors, the company has recently liquidated its remaining assets and paid 'dividends' of $60,000 each to its two directors Franklin and Calvin. Investigations reveal that this total amount was used to purchase a luxury car 'Motor-Booty' in the joint name of the two directors.

During the proceedings Busey also made two offers to settle. Both were made subject to Chapter 9, Part 5 of the UCPR.

The first was an offer made on 16 November 2023 by Busey to Clinton to settle her claim against him for $21,000. Clinton rejected the offer and proceeded further with the proceedings. She later withdrew her action against Busey.

The second offer was made on 28 November 2023 by Busey to Mothership Concrete to settle the claim Busey had against Mothership Concrete for $230,000. Mothership Concrete rejected the offer and proceeded to trial.

Address the following:

A) What submissions do you make to the court with respect to the appropriate order for costs?

and

B) What additional steps could be taken to protect Busey's interest in recovering what he is owed from Wizard Of Finance Pty Ltd?