In the matter of Citiline Developments Pty Ltd [2021] NSWSC 690

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Citiline Developments Pty Ltd [2021] NSWSC 690 Hearing dates: 4 June 2021 Date of orders: 4 June 2021 Decision date: 04 June 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Application to set aside creditor's statutory demand dismissed. Plaintiff to pay Defendant's costs of the proceedings. Defendant to pay Plaintiff's costs of the application for indemnity costs. Catchwords: CORPORATIONS — Winding up — Statutory demand — Application to set aside — Date of service of creditor's statutory demand — Whether Court has jurisdiction to hear application to set aside creditor's statutory demand. COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers — Whether unreasonable not to have accepted Calderbank offer. Legislation Cited: - Corporations Act 2001 (Cth), s 459G Cases Cited: - Autumn Solar Installations Pty Ltd v Solar Magic Australia Pty Ltd [2010] NSWSC 463 Calderbank v Calderbank [1975] 3 All ER 333 - David Grant & Co Pty Ltd v Westpac Banking Corp (1995) 184 CLR 265; [1995] HCA 43 - Elite Protective Personnel Pty Ltd v Salmon [2007] NSWCA 322 - Nu Line Construction Group Pty Ltd v Fowler (aka - Grippaudo) [2012] NSWSC 816 - Re Alsafe Security Products Pty Ltd atf Alsafe Trust (in liq) [2016] NSWSC 575 - Re Boss Constructions (NSW) Pty Ltd [2019] NSWSC 543 Category: Principal judgment Parties: Citiline Developments Pty Ltd (Plaintiff) Old Mate Elevators Pty Ltd (Defendant) Representation: Counsel: J Frangi (Solicitor) (Plaintiff) N Simpson (Defendant)