In the matter of C.V. Joint (Aust) Pty Ltd [2022] NSWSC 1760

Supreme Court New South Wales

Medium Neutral Citation: In the matter of C.V. Joint (Aust) Pty Ltd [2022] NSWSC 1760 Hearing dates: Last written submissions filed on 25 November 2022 Date of orders: 19 December 2022 Decision date: 19 December 2022 Jurisdiction: Equity - Corporations List Before: Black J Decision: No order as to the costs of the Plaintiff's Originating Process; no order as to the costs of the Second Defendant's Interlocutory Process; no order as to the costs of the costs application. Catchwords: COSTS — Party/party costs — Where the party seeking costs sought the winding up of a company on certain grounds but application not determined on its merits — Where the company was wound up on different grounds on the application of a provisional liquidator — Whether Court will make an order for costs in favour of the party. Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98 - Corporations Act 2001 (Cth), ss 459A, 466 Cases Cited: - Dymocks Franchise Systems (NSW) Pty Ltd v Chapter 3 Pty Ltd [2022] NSWSC 35 - HiTech Group Australia Ltd v Riachi [2021] NSWSC 1549 - One.Tel Ltd v Deputy Commissioner of Taxation [2000] FCA 270 - Oshlack v Richmond River Council (1998) 193 CLR 72; (1998) 152 ALR 83; [1998] HCA 11 - Re HCafé Chatswood Pty Ltd [2018] NSWSC 362 - Re Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6. Category: Costs Parties: Ji Chen Mi (Plaintiff) Duza Aleksandroff (First Defendant) Ury Aleksandroff (Second Defendant) CV Joint (Aust) Pty Ltd (Third Defendant) Representation: Counsel: C Perry (solicitor) (Plaintiff) N Bailey (First Defendant) B J S Smith (Second Defendant)