In the matter of Spitfire Corporation Limited (in liquidation) and Aspirio Pty Ltd (in liquidation) [2022] NSWSC 579

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Spitfire Corporation Limited (in liquidation) and Aspirio Pty Ltd (in liquidation) [2022] NSWSC 579 Hearing dates: 1 March 2022 and 11 March 2022 Date of orders: 12 May 2022 Decision date: 12 May 2022 Jurisdiction: Equity - Corporations List Before: Black J Decision: Directions given to liquidators and orders as to costs made. Catchwords: COSTS — Party/Party — Orders against non-parties — where a non-party is given leave to be heard under r 2.13 of the Supreme Court (Corporations) Rules 1999 (NSW) — whether the non-party should pay the additional costs incurred by the Plaintiff as a result of the non-party's intervention — whether the non-party should pay the costs of another non-party Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98 - Supreme Court (Corporations) Rules 1999 (NSW), r 2.13 Cases Cited: - Australian Securities and Investments Commission, Re GDK Financial Solutions Pty Ltd (in liq) (No 4) (2008) 169 FCR 497; [2008] FCA 858 - Grocon Constructors Pty Ltd v Kimberley Securities Ltd [2009] NSWSC 691 - Preston, in the matter of Sandalwood Properties Ltd (No 2) [2018] FCA 816 - Re Boart Longyear Ltd (No 3) [2017] NSWSC 1227 - Re DSHE Holdings Ltd (recs and mgrs apptd) (in liq) [2018] NSWSC 275 - Re Habibi Waverton Pty Ltd (in liq) (admins apptd) (2021) 154 ACSR 701 - Re JI Woo International Education Centre Pty Ltd [2019] NSWSC 338 - Re O'Keeffe Heneghan Pty Ltd (in liq) [2019] NSWSC 106 - Re Ten Network Holdings Ltd (admins apptd) (recs and mgrs apptd) [2017] NSWSC 1359 Category: Costs Parties: Katherine Elizabeth Barnet and Damien Mark Hodgkinson in their capacity as joint and several liquidators of Spitfire Corporation Ltd (in liq) and Aspirio Pty Ltd (in liq) (First Plaintiffs) Spitfire Corporation Ltd (in liq) (Second Plaintiff) Aspirio Pty Ltd (in liq) (Third Plaintiff) Representation: Counsel: D Krochmalik (Plaintiffs) M Izzo SC/C Ernst (Interested Party) J Burnett (Interested Party)