In the matter of Sunnyside Bettoni Pty Ltd (No 2) [2020] NSWSC 1886

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Sunnyside Bettoni Pty Ltd (No 2) [2020] NSWSC 1886 Hearing dates: 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Equity - Corporations List Before: Leeming JA Decision: (1) Dismiss the originating process dated 13 February 2020. (2) No order as to the costs of the parties, with the intent that each pays their own costs. (3) The following pages of Exhibit SSB-1 are admitted into evidence: 24-26, 89, 91-97, 145-149, 152-158, 215-227, 306-312, 459-466, 468-503. Those pages not recorded are not included within Exhibit SSB-1. (4) Leave granted for either side to supply a note to Leeming JA's tipstaff indicating any pages omitted from Exhibit SSB-1 by 4pm, Tuesday 22 December. Catchwords: COSTS – application by director resident in Italy and minority shareholder for company records – substantive orders obtained by consent – whether plaintiff should obtain favourable costs order – whether second defendant had delayed unreasonably – whether non-production of documents other than inadvertent – plaintiff imminently to commence further proceedings – inappropriateness of determining issues on an application for costs – proceedings dismissed with no order as to costs. Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Corporations Act 2001 (Cth), ss 247A, 290, 1303 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Price v Price [2020] NSWCA 312 Re Minister for Immigration and Ethnic Affairs, Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Category: Costs Parties: Dario Bettoni (Plaintiff) Sunnyside Bettoni Pty Ltd (First defendant) Marco Domenico Carelli (First defendant) Representation: A Di Francesco (Plaintiff) J Atkin (Defendants)