Knox v Nile & Ors [2022] NSWSC 638

Supreme Court New South Wales

Medium Neutral Citation: Knox v Nile & Ors [2022] NSWSC 638 Hearing dates: 13 May 2022 Decision date: 23 May 2022 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made as to costs. The liquidator to have liberty to apply in respect of his remuneration as the liquidator of the Fifth Defendant. Catchwords: COSTS — Party/Party — General rule that costs follow the event — where an incorporated association was wound up on the just and equitable ground — where a party appeared under rule 2.13 of the Supreme Court (Corporations) Rules 1999 (NSW) — where various issues were agitated in proceedings, many of which were not determined — whether and against whom should any party be entitled to an order for costs CORPORATIONS — Winding up — Liquidators — Receivers and managers — Voluntary administrators — Remuneration — where association progressed through voluntary administration, receivership and liquidation — whether the Court should approve the remuneration of the administrator and court-appointed receiver Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98 - Insolvency Practice Schedule (Corporations), Div 60 Subdiv B - Supreme Court (Corporations) Rules 1999 (NSW), r 2.13 Cases Cited: - Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 - Hebbel Constructions Pty Ltd v Bitar Pty Ltd (2021) 153 ACSR 500; [2021] NSWSC 810 - Ide v Ide (2004) 184 FLR 44; (2004) 50 ACSR 324; [2004] NSWSC 751 - Knox v Nile & Ors [2022] NSWSC 195 - Knox v Nile & Ors [2022] NSWSC 229 - McNamara v San [2010] NSWSC 809 - Metro Chatswood Pty Ltd v CRI Chatswood Pty Ltd [2007] NSWSC 1120 - Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 - Re Aberdeen All Farm Pty Ltd (in liq) [2020] NSWSC 770 - Re Banksia Securities Ltd (in liq) (recs and mgrs apptd) [2017] NSWSC 540 - Re Banksia Securities Limited (in liq) (recs and mgrs apptd) [2018] NSWSC 229 - Re Boart Longyear Ltd (No 3) [2017] NSWSC 1227 - Re Cardinal Group Pty Ltd (in liq) and Cardinal Project Services Pty Ltd (in liq) (Lump Sum Costs) [2018] NSWSC 895 - Re Idylic Solutions Pty Ltd as trustee for Super Save Superannuation Fund [2016] NSWSC 1292 - Re Metal Storm Ltd [2015] NSWSC 1699 - Re Minister for Immigration & Ethic Affairs of the Commonwealth of Australia; Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 - Re Sakr Nominees Pty Ltd [2017] NSWSC 668 - Re Say Enterprises Pty Ltd [2018] NSWSC 396 - Re Sunnyside Bettoni Pty Ltd (No 2) [2020] NSWSC 1886 - Re Wine National Pty Ltd [2016] NSWSC 4 - Royds v Royds, Re Caloola Holdings Pty Ltd (in liq) [2017] FCA 731 - Templeton v Australian Securities and Investments Commission (2016) 108 ACSR 545 Category: Costs Parties: Charles Robert Bray Knox (Plaintiff) Fred Nile (First Defendant) Silvana Nile (Second Defendant) Annie Wright (Third Defendant) Christian Democratic Party (Fred Nile Group) Incorporated (Fifth Defendant) Representation: Counsel: T Hall (Solicitor – Plaintiff) R Howard (Solicitor - First – Second Defendants) R Balzola (Solicitor – Third Defendant) J Brown (Solicitor – Former voluntary administrator, former receiver and liquidator) J Green (Solicitor – Interested Party)