In the matter of C88 Project Pty Ltd (in liq) (controller appointed) [2024] NSWSC 1133

Supreme Court New South Wales

Medium Neutral Citation: In the matter of C88 Project Pty Ltd (in liq) (controller appointed) [2024] NSWSC 1133 Hearing dates: Submissions as to orders and costs 30 August 2024 Date of orders: 4 September 2024 Decision date: 04 September 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders including as to costs made. Catchwords: PROCEDURE – form of orders – costs – general rule that costs follow the event – costs as to determination of issue as to distribution of fund. Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98(1) - Taxation Administration Act 1953 (Cth), s 8AAZN - Uniform Civil Procedure Rules 2005 (NSW), rr 6.24, 42.1 - Insolvency Practice Schedule (Corporations), s 90-15 Cases Cited: - BE Australia WD Pty Ltd (subject to a Deed of Company Arrangement) v Sutton (2011) 285 ALR 532; [2011] NSWCA 414 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - 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 Munja Bakehouse Pty Ltd [2024] NSWSC 17 - Re Sirrah Pty Ltd (in liq) [2024] NSWSC 857 Category: Consequential orders Parties: Steven Barry Kugel in his capacity as Liquidator of C88 Project Pty Ltd (in liquidation) (controller appointed) (Plaintiff) Deputy Commissioner of Taxation (Defendant) Representation: Counsel: D Neggo (Plaintiff) L Livingston SC/K Josifoski (Defendant)