NSW Caselaw
New South Wales Supreme Court CITATION : Waste Recycling and Processing Services of NSW v Local Government Recycling Co-operative [1999] NSWSC 654 CURRENT JURISDICTION : Equity FILE NUMBER(S) : 2006/99 HEARING DATE(S) : 22/06/99 JUDGMENT DATE : 22 June 1999
PARTIES : Waste Recycling and Processing Services of New South Wales (t/as Waste Service NSW) (P) Local Government Recycling Co-operative Limited (D) JUDGMENT OF : Santow J
G A Seib (P) COUNSEL : D P Courtenay (Sol for Liquidator) W B V McManus (SMS Municipal Services Limited - supporting creditor) Peter Kemp Solicitor (P) SOLICITORS : Shaw McDonald (for Liquidator) A J Law & Co (SMS Municipal Services Limited - supporting creditor) CATCHWORDS : PROCEDURE — Costs — Costs to be awarded to supporting creditor on a limited basis only where role essentially passive — Priority to be no less than for applicant for winding up. ACTS CITED : Corporations Law s485(3); s556(1)(b) FAI Workers Compensation v Philkor Builders (1996) 14 ACLC 323 CASES CITED : Re European Banking Co. [1866] 2 LR(Eq) 521 Re Humber Ironworks Company [1866] 2 LR(Eq) 15 Signature Resorts Pty Ltd & Anor v DHD Constructions Pty Ltd (1995) 18 ACSR 627 DECISION : Supporting Creditor awarded two days' costs
REVISED — 30 June, 1999 IN THE SUPREME COURT OF NEW SOUTH WALES IN EQUITY
SANTOW J
No. 2006/99 WASTE RECYCLING AND PROCESSING SERVICE OF NSW (t/as Waste Service NSW ) Plaintiff LOCAL GOVERNMENT RECYCLING CO-OPERATIVE LIMITED Defendant
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