In the matter of Pacific Steelfixing Pty Ltd (No 2) [2021] NSWSC 1129

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Pacific Steelfixing Pty Ltd (No 2) [2021] NSWSC 1129 Hearing dates: On the papers Date of orders: 6 September 2021 Decision date: 06 September 2021 Jurisdiction: Equity - Corporations List Before: Williams J Decision: Order that that defendant's costs of these proceedings be paid personally by the first plaintiff, in an amount to be agreed or assessed; order that the defendant pay its own costs of the preparation of the report of Mr Nigel Markey dated 20 June 2020. Catchwords: COSTS – general rule that costs follow the event – where the liquidator instigated the proceedings and was unsuccessful – costs order against the liquidator personally Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Evidence Act 1995 (NSW), s 79 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: In the matter of Pacific Steelfixing Pty Ltd [2021] NSWSC 655 Oikos Constructions Pty Ltd t/as Lars Fischer Construction v Ostin (No 2) [2021] NSWCA 98 Silvia v Brodyn Pty Ltd (2007) 25 ACLC 385; [2007] NSWCA 55 Category: Costs Parties: Daniel Frisken as Liquidator of Pacific Steelfixing Pty Ltd (in Liquidation) ACN 621 306 296 (First Plaintiff) Pacific Steelfixing Pty Ltd (In Liquidation) ACN 621 306 296 (Second Plaintiff) Deputy Commissioner of Taxation (Defendant) Representation: Counsel: Mr J Parrish (First and Second Plaintiffs) Ms K Petch (Defendant)

Solicitors: Marsdens Law Group (First and Second Plaintiffs) McInnes Wilson Lawyers (Defendant) File Number(s): 2019/343822 Publication restriction: N/A