NSW Caselaw
New South Wales Supreme Court
CITATION : Singleton Earthmoving Equipment Hire Pty Ltd v Singleton Earthmoving Pty Ltd [2009] NSWSC 688
HEARING DATE(S) : 29/05/09 Written submissions: 02/07/09
JUDGMENT DATE : 23 July 2009
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Matters for separate determination determined as stated at paragraph 35.
CATCHWORDS : CORPORATIONS - winding up - conduct and incidents of winding up - determination of separate questions - liquidator concedes that costs awarded against company in liquidation are expenses with s 556(1)(a) - costs neither agreed nor assessed - whether court should order company in liquidation to pay the costs already ordered to be paid by the company - whether court should order liquidator personally to pay the costs already ordered to be paid by the company
LEGISLATION CITED : Corporations Act 2001 (Cth), ss 500(3) 536(1), 536(3), 554A, 556(1), 1321(1) Legal Profession Act 2004, s 368(5)
CATEGORY : Principal judgment
Firth v Centrelink [2002] NSWSC 564; (2002) 55 NSWLR 451 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234 CLR 52 Hall v Poolman [2009] NSWCA 64; (2009) 71 ACSR 139 CASES CITED : Northbourne Developments Pty Ltd v Reiby Chambers Pty Ltd (1989) 19 NSWLR 434 at 438 Re Universal Distributing Co Ltd [1933] HCA 2; (1933) 48 CLR 171) Singleton Earthmoving Equipment Hire Pty Ltd v Singleton Earthmoving Pty Ltd [2005] NSWSC 989 Singleton Earthmoving Equipment Hire Pty Ltd v Singleton Earthmoving Pty Ltd [2005] NSWSC 1334
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