In the matter of L&B Seafood Pty Ltd [2022] NSWSC 242

Supreme Court New South Wales

Medium Neutral Citation: In the matter of L&B Seafood Pty Ltd [2022] NSWSC 242 Hearing dates: On the papers Date of orders: 09 March 2022 Decision date: 09 March 2022 Jurisdiction: Equity - Corporations List Before: Henry J Decision: Second Defendant to pay the Plaintiff's costs of the Plaintiff's Originating Process and the Second Defendant's Cross-Summons on the ordinary basis as agreed or assessed. Catchwords: COSTS – Party/Party – costs of successful application for winding up of company on just and equitable ground – costs of unsuccessful cross-summons for oppression suit and buy-out order –­ whether costs of the applicant for winding up order/cross-defendant to cross-summons should be paid out of company's assets or by the second defendant/cross-claimant shareholder –where irretrievable breakdown of relations and loss of confidence between equal shareholders and directors in quasi-partnership and fault on both sides – where second defendant's cross-summons of oppression unsuccessful and winding up application opposed and conduct of defendant was a significant factor in court concluding just and equitable ground established Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Corporations Act 2001 (Cth), ss 466, 556, 1335 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 In the matter of Bicher & Son Pty Ltd [2020] NSWSC 711 In the matter of Gearhouse BSI Pty Ltd (No 2) [2021] NSWSC 136 In the matter of Hillsea Pty Limited [2019] NSWSC 1309 In the matter of L&B Seafood Pty Ltd [2022] NSWSC 100 Old v McInnes & Hodgkinson [2011] NSWCA 410 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Category: Costs Parties: Bo Yu (Plaintiff/First Cross-Defendant) L&B Seafood Pty Ltd ACN 606 099 174 (First Defendant/Second Cross-Defendant) Lei Ding (Second Defendant/Cross-Claimant) Representation: Counsel: T Cleary with A Wilson (Plaintiff/First Cross-Defendant) C D Wood SC with M Darian-Smith (Second Defendant)