In the matter of Academy Construction & Development Pty Ltd (subject to Deed of Company Arrangement) [2024] NSWSC 842

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Academy Construction & Development Pty Ltd (subject to Deed of Company Arrangement) [2024] NSWSC 842 Hearing dates: Submissions as to orders and costs 8 July 2024 Date of orders: 10 July 2024 Decision date: 10 July 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made terminating deed of company arrangement; Second and Third Defendants to pay the Plaintiffs costs of the proceedings as agreed or as assessed. Catchwords: COSTS – Costs in respect of application to terminated deed of company arrangement – Where company and deed proponent equally opposed the application. Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98(1) - Corporations Act 2001 (Cth), ss 445D, 446AA, 491 - Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: - Ballam v Ferro (No 2) [2022] NSWSC 1358 - 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 - Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 - Re ACN 613 909 596 Pty Ltd (formerly Minle Wine Negociants of Australia Pty Ltd) (subject to deed of company arrangement) [2023] NSWCA 871 - Re Munja Bakehouse Pty Ltd [2024] NSWSC 17 Category: Consequential orders Parties: The Owners – Strata Plan 90889 (Plaintiff) Andrew John Spring and Peter John Moore (in their capacity as joint and several deed administrators of Academy Construction & Development Pty Ltd (Under Deed of Company Arrangement) (First Defendants) Academy Construction & Development Pty Ltd (Under Deed of Company Arrangement) (Second Defendant) John Michael Beaini (Third Defendant) Representation: Counsel: G D McDonald (Plaintiff) D Krochmalik/APF Ryan (First Defendants) E Ball (Second and Third Defendants - as to orders and costs only)