In the matter of Telegraph Point Sports & Recreation Club Limited [2020] NSWSC 616

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Telegraph Point Sports & Recreation Club Limited [2020] NSWSC 616 Hearing dates: Submissions 6 April 2020 Decision date: 22 May 2020 Jurisdiction: Equity - Corporations List Before: Black J Decision: No order as to costs of application to set aside statutory demand. Plaintiff to pay Defendant's costs of costs application as agreed or assessed. Catchwords: COSTS – Party/Party – Bases of quantification – Indemnity basis – Plaintiff seeks indemnity costs for set aside of statutory demand by consent – Parties' submissions as to costs rely on facts not established by evidence – Merits of application to set aside statutory demand cannot be determined – No order as to costs. Legislation Cited: - Corporations Act 2001 (Cth), ss 459C(2)(a), 459E, 459G, s459H, 459J, 459N, 459S Cases Cited: - Ayrton Investments Pty Ltd v Andrlik [2000] ACTSC 55 - Dynamics Co Pty Ltd v G and M Nicholas Pty Ltd [2012] NSWSC 206 - Felkro Nominees Pty Ltd v Austissue Pty Ltd [1993] FCA 455; (1993) 11 ACSR 607 - Jem Number Four Pty Ltd v Southern Cross Construction (NSW) Pty Ltd [2006] NSWSC 602 - Re Pierotti & Fanani Pty Ltd as trustee for the Caesars Properties Unit Trust; Re Etruscan Properties Ltd as trustees for the Etruscan Properties Unit Trust [2018] NSWSC 457 - Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex Parte Lai Qin (1997) 186 CLR 622 - Soudan Lane Pty Ltd v Glen Bradshaw t/as Pacific Coast Digital [2007] NSWSC 772 Category: Costs Parties: Telegraph Point Sports & Recreation Club Limited (Plaintiff) Jeffrey Anthony Reed (Defendant) Representation: Counsel: SA Adair (Plaintiff) Solicitors T Johnston (Plaintiff) H Oriti (Defendant)