In the matter of Sydney Hire NSW Pty Ltd [2023] NSWSC 1580

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Sydney Hire NSW Pty Ltd [2023] NSWSC 1580 Hearing dates: 7 December 2023 Date of orders: 7 December 2023 Decision date: 07 December 2023 Jurisdiction: Equity - Corporations List Before: Black J Decision: Creditor's statutory demand is set aside. Defendant to pay the Plaintiff's costs, on an indemnity basis, as agreed or as assessed. Catchwords: CORPORATIONS — Winding up — Statutory demand — Application to set aside — Where the demand relates to an order for the plaintiff to pay the defendant's costs of a previous proceedings — Where the quantum of costs were not agreed and not assessed — Whether there is a genuine dispute about the existence or amount of a debt to which the demand relates — Whether there is some other reason why the demand should be set aside. COSTS — Application for costs on an indemnity basis — Whether indemnity costs are appropriate. Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98 - Corporations Act 2001 (Cth) Pt 5.4, ss 459H, 459J Cases Cited: - Balderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No 2) [2009] NSWCA 12 - First Line Distribution v Whiley (1995) 18 ACSR 185 - Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397; [1988] FCA 364 - Hamod v State of New South Wales [2002] 188 ALR 659; [2002] FCA 424 - Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (No 7) (2008) 65 ACSR 324; [2008] NSWSC 199 - K & A Laird (NSW) Pty Ltd (in liq) v Aidzan Pty Ltd [2022] NSWSC 1786 - Leveraged Capital Pty Ltd v Modena Imports Pty Ltd [2009] NSWSC 509 - National Australia Bank Ltd v Market Holdings Pty Ltd (in liq) [2001] NSWSC 253 - Re Essential Media and Entertainment Pty Ltd [2020] NSWSC 990 - Re Golden Robot Records International Pty Ltd [2021] NSWSC 1146 - Re MK Group Phoenix Pty Ltd [2014] NSWSC 1467 - Re North Sunbury Developments Pty Ltd (1983) 1 ACLC 644 - Re PSR Refining Services Pty Ltd [2023] NSWSC 243 Category: Principal judgment Parties: Sydney Hire NSW Pty Ltd (Plaintiff) Ketchmer Enterprises Pty Ltd (Defendant) Representation: Counsel: A Jucha (Plaintiff) J O'Sullivan (Defendant)