In the matter of Sirrah Pty Ltd [2024] NSWSC 1277

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Sirrah Pty Ltd [2024] NSWSC 1277 Hearing dates: On the papers, last submissions 4 October 2024 Date of orders: 11 October 2024 Decision date: 11 October 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Parties to submit orders to give effect to this judgment. Catchwords: COSTS – gross sum costs order – whether order should be made – quantum of gross sum costs. Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98(4) - Legal Profession Uniform Law (NSW), s 172 Cases Cited: - Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 - Hancock v Rinehart (Lump Sum Costs) [2015] NSWSC 1640 - Re Beverage Freight Services Pty Ltd [2020] NSWSC 509 - Re Beverage Freight Services Pty Ltd [2020] NSWSC 797 - Re Sirrah Pty Ltd [2024] NSWSC 953 - Saba v Plumb [2017] NSWSC 955 Category: Costs Parties: Domenic Calabretta as purported receiver of the assets of Michelle Harris (Applicant on the Interlocutory Process dated 4 July 2024/Respondent on gross sum costs applications) Gregory Thomas Harris and Monica Mary Brown as executors of the estate of the late Aileen Joyce Harris (Plaintiffs/Respondents on Mr Calabretta's Interlocutory Process dated 4 July 2024/Applicant on gross sum costs application) Sirrah Pty Ltd (in liq) (First Defendant/Applicant on gross sum costs application) The Bankrupt Estate of William Francis Harris (Second Defendant) Michelle Joy Harris (Third Defendant) Harris Health Care Pty Ltd (receivers and managers appointed) (in liq) (Fourth Defendant) Alan John Hayes in his capacity as liquidator of Sirrah Pty Ltd (in liq) (Respondent on Mr Calabretta's Interlocutory Process dated 4 July 2024/Applicant on gross sum costs application) Representation: Counsel: F Amirbeaggi (Solicitor) (Applicant on Mr Calabretta's Interlocutory Process dated 4 July 2024/Respondent on gross sum costs applications) J Anderson (Plaintiffs/Respondents on Mr Calabretta's Interlocutory Process dated 4 July 2024/Applicant on gross sum costs application) Mr S Mattiussi (Solicitor) (Mr Hayes as liquidator of Sirrah Pty Ltd (in liq) and Sirrah Pty Ltd)(Respondent on Interlocutory Process dated 4 July 2024/Applicants on gross sum costs application)