NSW Caselaw
New South Wales Supreme Court
CITATION : ASIC v Krecichwost [2007] NSWSC 1458 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 24/09/07
JUDGMENT DATE : 14 December 2007
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Costs orders as set out at paragraph 41
CATCHWORDS : PROCEDURE - costs of interlocutory applications - previous order that company - be joined "conditionally" as a party "for the purposes of these orders" - whether that company is a "party" for the purposes of UCPR 42.3(1) - company in any event an active participant - whether ASIC as public authority should be ordered to pay costs - CORPORATIONS - winding up - order of application of assets - application for order that costs ordered against company in liquidation "rank in priority to any liability to unsecured creditors" - present statutory scheme differs from that under which such orders were made in nineteenth century - no power for court to alter order of ranking of debts and claims in winding up without statutory authority
Civil Procedure Act 2005, s 98(1) LEGISLATION CITED : Corporations Act 2001 (Cth), Part 5.3A, ss 556(1), 1323 Uniform Civil Procedure Rules, rules 42.27, 42.3(1)
Australian Fruit Distributors Pty Ltd v Sydney Farm Produce Authority (unreported, NSWSC, Powell J, 23 June 1987) Australian Securities and Investments Commission v Edwards [2006] NSWSC 498 Australian Securities and Investments Commission v Krecichwost [2007] NSWSC 948 Australian Securities and Investments Commission v Plymin (No 2) [2003] VSC 230; (2003) 21 ACLC 1237 Friends of Hinchinbrook Society Inc v Minister for Environment (1996) 45 ALD 532 Fused Electrics Pty Ltd v Donald [1995] 2 Qd R 7 Jeffcott Holdings Ltd v Young (1995) 16 ACSR 33 CASES CITED : Law Society of New South Wales v Jackson [1981] 1 NSWLR 730 McDonald v Commissioner of Taxation (2005) 187 FLR 461 Peeke v The Medical Board of Victoria (unreported, VSC, Marks J, 19 January 1994) Re Bank of Hindustan, China and Japan; Ex parte Smith (1867) LR 3 Ch App 125 Re Dominion of Canada Plumbago Company (1884) 27 ChD 33 Re Home Investment Society (1880) 14 ChD 167 Re Lofthouse, Riverside Nursing Care Pty Ltd (2004) 22 ACLC 215 Re London Metallurgical Company [1895] 1 Ch 758
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