Kardiasmenos v Pioneer Management Pty Ltd [2010] NSWSC 683

New South Wales Supreme Court

CITATION : Kardiasmenos v Pioneer Management Pty Ltd [2010] NSWSC 683

HEARING DATE(S) : 08/06/10

JUDGMENT DATE : 30 June 2010

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

1. I order that the notice of motion filed by Nick Kardiasmenos on 26 March 2010 be dismissed. 2, I direct that DECISION : 1. Richard James Porter, within seven days, give to both Nick Kardiasmenos and my Associate notice in writing whether or not he presses for a costs order against Nick Kardiasmenos in respect of the notice of motion filed by Nick Kardiasmenos on 26 March 2010. 2. If such notice in writing states that Richard James Porter presses for a costs order, Nick Kardiasmenos deliver to Richard James Porter and to my Associate, within fourteen days after his receipt of the notice, a written statement of the grounds, if any, on which he opposes the making of the costs order. 3. If any such written statement of grounds is so delivered, any submissions of Richard James Porter in reply be reduced to writing and be delivered to Nick Kardiasmenos and my Associate within fourteen days after receipt of the written statement of grounds.

CATCHWORDS : CORPORATIONS - winding up - winding up by the court - application of assets by liquidator - order of application - TRUSTS - court previously recognised company in liquidation as holding land on trust for third party - funds remaining with company and liquidator in accordance with order - whether third party a creditor of company for rates and taxes on land paid by him - if so, whether secured or unsecured - whether third party beneficiary bound to indemnify company as trustee for rates and taxes