In the matter of Gearhouse BSI Pty Ltd (No 2) [2021] NSWSC 136

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Gearhouse BSI Pty Ltd (No 2) [2021] NSWSC 136 Hearing dates: On the papers Date of orders: 24 February 2021 Decision date: 24 February 2021 Jurisdiction: Equity - Corporations List Before: Williams J Decision: Order that the second defendant pay the plaintiff's costs on the ordinary basis of the plaintiff's application for interim relief and final relief and of the second defendant's application for interim relief, in an amount agreed or assessed. Catchwords: COSTS – costs of successful application for winding up of joint venture company on just and equitable ground – where just and equitable ground established principally due to conduct of defendant shareholder – whether costs of winding up application should be paid out of company's assets or by defendant shareholder – no other issue of principle Legislation Cited: Corporations Act 2001 (Cth), s 466 Uniform Civil Procedure Rules 2005 (NSW), r 42.7 Cases Cited: In the matter of Gearhouse BSI Pty Ltd [2020] NSWSC 98 Category: Costs Parties: Broadcast Sports International, LLC (Plaintiff) Gearhouse BSI Pty Ltd (ACN 610 164 102) (First Defendant) Gravity Media (Australia) Pty Ltd (Second Defendant) Representation: Counsel: Mr L Chapman (Plaintiff) Mr M Stevens (Solicitor) (First Defendant) Mr S Golledge SC (Second Defendant)

Solicitors: Norton Rose Fulbright (Plaintiff) SRM Lawyers (First Defendant) Watson Magioni Lawyers Pty Limited (Second Defendant) File Number(s): 2021/33167 Publication restriction: N/A