In the matter of Rivercorp Pty Ltd [2012] NSWSC 576

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Rivercorp Pty Ltd [2012] NSWSC 576 Hearing dates: Monday 7 May 2012 Decision date: 07 May 2012 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Defendant to pay the plaintiffs' costs Catchwords: COSTS - Winding up - UCPR r 42.15 - offer of compromise - application of usual rule where matter settles without hearing - claim by liquidator against Commissioner of Taxation - Commissioner joins company's sole director as third party - no contest by Commissioner - director puts liquidator to proof of insolvency - principles on which costs should be awarded where no contest by Commissioner and director declined to admit insolvency ultimately proved Legislation Cited: (Cth) Corporations Act 2001, s 588FF, s 588FGA Uniform Civil Procedure Rules 2005 r 20.26, r 42.15 Cases Cited: Hiller v Sheather (1995) 36 NSWLR 414 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6 Noxequin Pty Ltd v Deputy Commissioner of Taxation [2007] NSWSC 87 Category: Costs Parties: Robert Boyce Moodie (liq'r first plaintiff) Rivercorp Pty Ltd (in liq) (second plaintiff) Commissioner of Taxation (defendant) Representation: Counsel: DL Cook (Plaintiff) PG Cutler (Defendant) Solicitors: Polczynski Lawyers (Plaintiff) Australian Taxation Office (defendant) File Number(s): 2010/ 384069