In the matter of Sirrah Pty Ltd (in liq) [2024] NSWSC 857

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Sirrah Pty Ltd (in liq) [2024] NSWSC 857 Hearing dates: Written submissions as to costs, 3, 8 July 2024 Date of orders: 15 July 2024 Decision date: 15 July 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: The First Defendant to pay the Plaintiff's costs of and incidental to the proceedings. Catchwords: PROCEDURE – costs – general rule that costs follow the event – whether reason shown to depart from general rule – where creditor opposed distribution by liquidator. Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98(1) - Corporations Act (2001) (Cth), s 488(2) - Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: - Ballam v Ferro (No 2) [2022] NSWSC 1358 - BE Australia WD Pty Ltd (subject to a deed of company arrangement) v Sutton (2011) 82 NSWLR 336; [2011] NSWCA 414 - Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 - Cherry v Boultbee 4 Myl & Cr 442; (1839) 41 ER 171 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Farrow Finance Co Ltd (in liq) v ANZ Executors & Trustee Co Ltd (1997) 23 ACSR 521 - Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 - New Cap Reinsurance Corporation Holdings Ltd [2001] NSWSC 1001 - Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 - Re Anglican Development Fund Diocese of Bathurst Board (recs and mgrs apptd) [2015] NSWSC 59 - Re Hawden Property Group Pty Ltd (in liq) (2018) 125 ACSR 355; [2018] NSWSC 481 - Re Munja Bakehouse Pty Ltd [2024] NSWSC 17 Category: Costs Parties: Alan John Hayes in his capacity as liquidator of Sirrah Pty Ltd (in liquidation) (Plaintiff) Harris Health Care Pty Ltd (receivers and managers appointed) (in liquidation) (First Defendant) Gregory Thomas Harris and Monica Mary Brown as Executors of the Estate of the Late Aileen Joyce Harris (Second Defendants) The Bankrupt Estate of William Francis Harris (Third Defendant) Michelle Joy Harris (Fourth Defendant) Representation: Counsel: B F Katekar SC/J R Anderson (Plaintiff) A F Fernon SC/B Nolan (First Defendant) G Carolan (Second Defendants)