NSW Caselaw
New South Wales Supreme Court
CITATION : Cockatoo Ridge Wines Ltd v Naked Wines Direct Pty Ltd [2006] NSWSC 1074
HEARING DATE(S) : 28/08/06
JUDGMENT DATE : 13 October 2006
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Costs order made: see paragraph 19
CATCHWORDS : CORPORATIONS - winding up - application on grounds of insolvency - appearance filed by supporting creditor - plaintiff's debt paid - application by supporting creditor to be substituted as applicant for winding up order - supporting creditor's debt then paid - winding up application not pressed - application dismissed - whether supporting creditor should have costs order against defendant - provision for costs in fixed sum
Civil Procedure Act 2005, s.98 Corporations Act 2001 (Cth), ss.459C, 459E, 467(1)(a) LEGISLATION CITED : Legal Profession Act 2004, s.353 Service and Execution of Process Act 1992 (Cth) Uniform Civil Procedure Rules 2005, rule 42.20
Elan Copra Trading Pty Ltd v J K International Pty Ltd (2005) 226 ALR 349 Fordyce v Fordham [2006] NSWCA 274 CASES CITED : IOC Australia Pty Ltd v Mobil Oil Australia Ltd (1975) 11 ALR 417 Lavercombe v Auscott Ltd (2006) 58 ACSR 586 Re Lanaghan Bros Ltd [1977] 1 All ER 265 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622
Cockatoo Ridge Wines Ltd - Plaintiff PARTIES : Naked Wines Direct Pty Ltd - Defendant WorkCover Queensland - Supporting Creditor
FILE NUMBER(S) : SC 3418/06
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