In the matter of Jabiru Satellite Limited (in liq) and NewSat Limited (in liq) [2022] NSWSC 639

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Jabiru Satellite Limited (in liq) and NewSat Limited (in liq) [2022] NSWSC 639 Hearing dates: 31 March 2022, 11 April 2022 (written submissions as to costs) Date of orders: 23 May 2022 Decision date: 23 May 2022 Jurisdiction: Equity - Corporations List Before: Black J Decision: No order as to costs. Catchwords: COSTS — Party/Party — Orders against non-parties — where Plaintiffs unsuccessfully brought an application to appoint a special purpose liquidator —where non-parties opposed the application and appeared under r 2.13 of the Supreme Court (Corporations) Rules 1999 (NSW) — whether the Plaintiffs should pay the non-parties' costs of the application Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Supreme Court (Corporations) Rules 1999 (NSW), r 2.13 Cases Cited: - Re Boart Longyear Ltd (No 3) [2017] NSWSC 1227 Category: Costs Parties: Rockgold Holdings Pty Ltd (First Plaintiff) Ever Tycoon Limited (a company registered in the British Virgin Islands) (Second Plaintiff) Jabiru Satellite Limited (in liquidation) (First Defendant) NewSat Limited (in liquidation) (Second Defendant) Glen Ian Livingston in his capacity as liquidator of Jabiru Satellite Limited (in liquidation) and liquidator of NewSat Limited (in liquidation) (Third Defendant) Representation: Counsel: Mr D Sulan SC/A Campbell (Plaintiffs) S Rosewarne/A Batroney (Interested Persons)

Solicitors: Bridges Lawyers (Plaintiffs) Allen & Overy (Interested Persons) File Number(s): 2022/63480