Davis-Jacenko v Roxy’s Bootcamp Pty Limited (No 2) [2024] NSWSC 827

Supreme Court New South Wales

Medium Neutral Citation: Davis-Jacenko v Roxy's Bootcamp Pty Limited (No 2) [2024] NSWSC 827 Hearing dates: 03 July 2024 Date of orders: 03 July 2024 Decision date: 03 July 2024 Jurisdiction: Equity - Corporations List Before: McGrath J Decision: Defendant company wound up and liquidators appointed Catchwords: CORPORATIONS — winding up — just and equitable ground — where the relationship between members of the corporation has irretrievably broken down — appointment of liquidators with consent — COSTS — indemnity costs — conduct of defendants not unreasonable — HELD — costs ordered on ordinary basis Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Corporations Act 2001 (Cth), ss 461(1)(k), 465A(1), 466, 467(3)(b) Cases Cited: Australian Securities & Investments Commission v Austimber Pty Ltd [1999] FCA 566; (1999) 17 ACLC 893 Cappello v HomeBuilding Pty Ltd [2023] NSWCA 109 Carter v New Tel Ltd (2003) 44 ACSR 661; [2003] NSWSC 128 Davis-Jacenko v Roxy's Boot Camp Pty Limited [2024] NSWSC 702 Deputy Commissioner of Taxation v A & S Services Pty Ltd [2017] FCA 437 In the matter of A Twins Spare Parts Pty Ltd [2020] NSWSC 156 In the matters of Seedz Investments Pty Ltd, Snap Fitness Double Bay Pty Ltd, Yelneh Industries Pty Ltd and Fitness Management Pty Ltd [2017] NSWSC 650 Re Hardy Bros Equipment Pty Ltd [2021] NSWSC 1693 Category: Principal judgment Parties: Roxy Davis-Jacenko (Plaintiff/Applicant) Roxy's Bootcamp Pty Ltd ACN 674 872 872 (First Defendant/Respondent) Tleis Investments Group Pty Ltd in its own capacity and as trustee for the Tleis Trust (Second Defendant) Salameh Investments Pty Ltd in its own capacity and as trustee for the Salameh Family Trust (Third Defendant) Representation: Counsel: G George (Plaintiff/Applicant) B Shaw (solicitor) (First Defendant/Respondent) P Yazbeck (solicitor) (Second and Third Defendants)