In the matter of Mawson Flinders Cook Global Capital Pty Ltd [2022] NSWSC 1369

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Mawson Flinders Cook Global Capital Pty Ltd [2022] NSWSC 1369 Hearing dates: 10 October 2022 Decision date: 10 October 2022 Jurisdiction: Equity Before: Peden J Decision: The application is dismissed with costs. Catchwords: CORPORATIONS — Winding up — Public examination of directors, officers and others — Examination of director or officer of company — Costs of examination — Whether director liable to costs thrown away — Where examination postponed due to director testing positive for COVID-19 — Where costs not thrown away Category: Procedural rulings Parties: Domenico Alessandro Calabretta (Plaintiff) Grant Thomas (First Defendant) Jason Andrew Henry (Second Defendant) Representation: Counsel: J P Nathan (Plaintiff/Applicant) N Coburn (First Defendant/Respondent) No appearance (Second Defendant)

Solicitors: Kazi Portolesi Lawyers (Plaintiff/Applicant) ERA Legal (First Defendant/Respondent) No appearance (Second Defendant) File Number(s): 2022/58412 Publication restriction: Nil

EX TEMPORE Judgment 1. The applicant is the plaintiff, who is the liquidator of Mawson Flinders Cook Global Capital Pty Limited in liquidation. 2. By interlocutory process filed 5 September 2022, the applicant seeks costs on an indemnity basis thrown away by reason of adjourned examinations, and fixed in the sum of $7,312.50 for counsel, and $4,655.75 for solicitors, totalling $11,968.25 payable forthwith. Those amounts are 50 per cent of the total invoice values. 3. The applicant relied upon two affidavits of Ms Hanin Judi sworn on 5 September 2022 and 7 October 2022, together with various documents. Mr Thomas relied upon two affidavits sworn by him on 3 August 2022 and 10 September 2022.