In the matter of Jimmy’s Recipe Pty Limited (No 4) [2020] NSWSC 1244

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Jimmy's Recipe Pty Limited (No 4) [2020] NSWSC 1244 Hearing dates: 20 July 2020 Date of orders: 11 September 2020 Decision date: 11 September 2020 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Proceedings dismissed, fifth defendant's costs to be his costs in any further proceedings commenced by a party concerning the same matter. Catchwords: COSTS – derivative action – liquidators appointed to company – plaintiff seeks dismissal with no order as to costs on basis of Lai Qin – defendant expects liquidators may pursue same cause of action, potentially funded by plaintiff – r 42.20 UCPR applies. Legislation Cited: Bankruptcy Act 1966 (Cth), 58(3)(b) Civil Procedure Act 2005 (NSW), s 91(1) Corporations Act 2001 (Cth), ss 237, 477, 506 Uniform Civil Procedure Rules 2005 (NSW), rr 42.19(2), 42.20(1) Cases Cited: Australiawide Airlines Ltd t/as Regional Express v Aspirion Pty Ltd [2006] NSWCA 365 Barnes v Addy (1874) LR 9 Ch App 244 Chahwan v Euphoric Pty Ltd t/as Clay & Michel [2008] NSWCA 52 at [124]; (2008) 227 FLR 43; (2008) 65 ACSR 661; (2008) 245 ALR 780 In the matter of Jimmy's Recipe Pty Limited [2018] NSWSC 1331 In the matter of Jimmy's Recipe Pty Limited [2020] NSWSC 93 In the matter of Jimmy's Recipe Pty Limited (No 2) [2020] NSWSC 632 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84 Re Minister for Immigration and Ethnic Affairs (Cth); Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Shellharbour City Council v Minister for Local Government [2017] NSWCA 256 Category: Costs Parties: Gek Sim Tsia (Plaintiff) Chee Wee Seow (Fifth Defendant) Representation: Counsel: D Smallbone and W Chan (Plaintiff) P L Dodson (Fifth Defendant)