Bamburgh Holdings Pty Ltd v Kennedy [2011] NSWSC 792

Supreme Court New South Wales

Medium Neutral Citation: Bamburgh Holdings Pty Ltd v Kennedy [2011] NSWSC 792 Hearing dates: 19 July 2011 Decision date: 27 July 2011 Jurisdiction: Equity Division Before: Black J Decision: The Defendant pay the costs of and incidental to the application to set aside the statutory demand dated 25 February 2011 incurred on and from 17 March 2011, as agreed or as assessed. Catchwords: Application to set aside statutory demand - defendant consented to application to set aside demand shortly before hearing - costs. Legislation Cited: Corporations Act 2001 (Cth) - s 459G Cases Cited: - Gee Ha Pty Ltd v Dera Developments Pty Ltd [2007] NSWSC 95 - Immigration and Ethnic Affairs, Re Minister for; Ex parte Lai Qin (1997) 186 CLR 622 - Jem Number Four Pty Ltd v Southern Cross Construction (NSW) Pty Ltd [2006] NSWSC 602 - Rothenberger Australia Pty Ltd v Lumley General Insurance Ltd [2003] NSWSC 788; (2003) 58 NSWLR 288 - Soudan Lane Pty Ltd v Glen Bradshaw t/a Pacific Coast Digital [2007] NSWSC 772 Category: Costs Parties: Bamburgh Holdings Pty Ltd (Plaintiff) Peter Kennedy (Defendant) Representation: Counsel: G. Carolan (Plaintiff) A.P. Spencer (Defendant) Solicitors: McArdle Lawyers Gillis Delaney File Number(s): 2011/086808

Judgment 1These proceedings involve an application by the Plaintiff, Bamburgh Holdings Pty Ltd ("Bamburgh") brought under s 459G of the Corporations Act 2001 (Cth) to set aside a Statutory Demand ("Demand") for payment of debt dated 25 February 2011 issued by the Defendant, Peter Kennedy ("Kennedy"). When the matter was listed before me, the parties had reached agreement that the Demand be set aside and I so ordered. 2The question of costs of the proceedings was argued before me. Bamburgh argued that Mr Kennedy should pay the costs of the proceedings and Mr Kennedy argued that the appropriate order was that there be no order for costs of the proceedings.