NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Bailey Roberts Group Pty Ltd (in liq) [2023] NSWSC 492 Hearing dates: On the papers; last submissions 2 May 2023 Date of orders: 10 May 2023 Decision date: 10 May 2023 Jurisdiction: Equity - Corporations List Before: Black J Decision: No order made as to the cost of proceedings Catchwords: COSTS — Where proceedings are dismissed by reason of supervening event — Where no determination on the merits — Presumption as to costs under UCPR r 42.20. Legislation Cited: - Insolvency Practice Schedule (Corporations) - Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.20 Cases Cited: - Australian Unity Funds Management Ltd v NorthWest Healthcare Australia RE Ltd [2021] NSWSC 1039 - Davis v Certain Lloyd's Underwriters [2022] NSWSC 131 - McNamara v San [2010] NSWSC 809 - Parlby v Blair [2013] NSWSC 100 - Re Myao Travel Pty Ltd [2020] NSWSC 1672 - Spatt v Benson [2019] NSWSC 1195 Category: Costs Parties: Financialstrategy.com.au (Plaintiff) Bailey Roberts Group Pty Ltd (First Defendant) Sustain Holdings Pty Ltd (Second Defendant) Fumar Pty Ltd (Third Defendant) Representation: Counsel: S Hartford-Davis (Plaintiff) D Armstrong (First Defendant) R Turnbull (Second and Third Defendant)
Solicitors: HWL Ebsworth (Plaintiff) Mills Oakley (First Defendant) Watson Webb (Second Defendant and Third Defendant) File Number(s): 2023/00028210 Publication restriction: N/A
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