In the matter of Munja Bakehouse Pty Ltd [2024] NSWSC 17

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Munja Bakehouse Pty Ltd [2024] NSWSC 17 Hearing dates: Last costs submissions 24 January 2024 Date of orders: 30 January 2024 Decision date: 30 January 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders as to winding up made. The parties' costs of the winding up application be paid as costs in the winding up and there be no other order as to the costs of the proceedings. Catchwords: CORPORATIONS – winding up – costs – where winding up of company ordered – where company wound up on the just and equitable ground – where parties originally sought other relief – where that relief not obtained – whether the court should otherwise order for the purposes of s 466(2) of the Corporations Act 2001 (Cth). Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98(1) - Corporations Act 2001 (Cth), ss 466(2), 1335(2) Cases Cited: - Ballam v Ferro (No 2) [2022] NSWSC 1358 - Bercich v Riverside Spares Pty Ltd [2019] NSWSC 1900 - Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 - Hooke v Bux Global Ltd (No 8) [2019] FCA 671 - Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 - Re Crow Inn Pty Ltd [2020] NSWSC 601 Category: Costs Parties: Stephen Dionatos (First Plaintiff) DSPEM Pty Ltd (ACN 626 606 693) as trustee for the Dionatos Trust (Second Plaintiff) Peter Dionatos (Third Plaintiff) Munja Bakehouse Pty Ltd (ACN 168 272 071) (First Defendant) Smith Street Marrickville Pty Ltd (ACN 632 121 129) (Second Defendant) Jamlyd Pty Ltd Limited (ACN 003 845 038) in its personal capacity and as trustee of the Alexander Family Trust (Third Defendant) Harry Alexander (Fourth Defendant) Sophia Alexander (Fifth Defendant) Representation: Counsel: D Parish (Plaintiffs) A Ogborne (Third to Fifth Defendants)