In the matter of Sirrah Pty Ltd (in prov liq) [2021] NSWSC 492

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Sirrah Pty Ltd (in prov liq) [2021] NSWSC 492 Hearing dates: 23, 25-26, 30-31 March, 1 April 2021 Date of orders: 7 May 2021 Decision date: 07 May 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order pursuant to s 461(1)(k) of the Corporations Act 2001 (Cth) winding up the First Defendant. Judgment for First Defendant against Second and Fourth Defendants. Costs against Second and Fourth Defendants. Question of costs reserved in respect of the Third Defendant. Catchwords: COSTS — Party/Party — General rule that costs follow the event — Proceedings discontinued or dismissed against Third Defendant – Where Third Defendant retained same solicitors and counsel as First and Second Defendants – Scope and application of the indemnity principle Legislation Cited: - Corporations Act 2001 (Cth), s 461 Cases Cited: - Australian Securities and Investments Commission v Adler (2002) 42 ACSR 80; [2002] NSWSC 483 - Re Ryals Hotel Pty Ltd [2021] NSWSC 42 Category: Consequential orders Parties: Gregory Thomas Harris (First Plaintiff) Monica Mary Brown (Second Plaintiff) Sirrah Pty Limited (First Defendant) William Francis Harris (Second Defendant) Michelle Joy Harris (Third Defendant) Harris Health Care Pty Limited (Fourth Defendant) Representation: Counsel: S A Wells/J Anderson (Plaintiffs) J S Tobin (First Defendant) A F Fernon SC/E A Walker (Second - Fourth Defendants)