Brodyn Pty Ltd v Dasein Constructions Pty Ltd (No 2) [2005] NSWSC 302

New South Wales Supreme Court

CITATION : Brodyn Pty Ltd v Dasein Constructions Pty Ltd (No 2) [2005] NSWSC 302

HEARING DATE(S) : 3 February and 10 March 2005; then written submissions

JUDGMENT DATE : 7 April 2005

JURISDICTION : Equity Division

JUDGMENT OF : Young CJ in Eq

DECISION : Order that company and administrator pay plaintiff's costs of successful appeal against rejection of proof of debt.

CATCHWORDS : CORPORATIONS [291]- Proof of debt- Successful appeal from rejection- Proper order for costs.

Cresvale Far East Ltd v Cresvale Securities Ltd (No 2) (2001) 39 ACSR 622 Kirwan v Cresvale Far East Ltd (in liq) (2002) 44 ACSR 21 CASES CITED : Re National Wholemeal Bread & Biscuit Co [1892] 2 Ch 457 Re Rural & Veterinary Requisites Pty Ltd (in liq) (1978) 3 ACLR 597 Re Turner; Ex parte Curtin (1941) 12 ABC 1

Brodyn Pty Limited t/as Time Cost and Quality (P) PARTIES : Dasein Constructions Pty Limited (D1) Brian Raymond Silvia (D2)

FILE NUMBER(S) : SC 5917/03

R Rana (P) COUNSEL : P G Fisher (D)

Schraders Lawyers (P) SOLICITORS : Turnbull Bowles Lawyers Pty Limited (D)

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

YOUNG CJ in EQ

Thursday 7 April 2005

5917/03 – BRODYN PTY LTD v DASEIN CONSTRUCTIONS PTY LTD (NO 2) JUDGMENT 1 HIS HONOUR: I delivered judgment in this matter on 15 December 2004. Because of closeness to the end of term I noted that I hoped there would be no need for any further involvement from the Court and that the parties could take out the formal orders. Unfortunately that has not been the case. 2 Paragraph 98(4) of my reasons read that the plaintiff was entitled to an order as follows: "An order that the plaintiff is entitled to discharge of the bank guarantee and an order that the defendant pay the plaintiff's costs of the proceedings."