In the matter of Springex Pty Limited (Costs) [2013] NSWSC 277

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Springex Pty Limited (Costs) [2013] NSWSC 277 Hearing dates: 4 February 2013 Decision date: 04 February 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Judgment should be converted to Australian dollars as at or about the date of the breach The net amount due to Mr Moshirzadeh can not be set off against the amount payable to him by Mr Sajadi. However terms can and should be imposed that have that practical effect There should be no order as to the costs of the claim. On the cross-claim, the plaintiff is to pay 50 percent of the company's costs of the cross-claim Catchwords: CORPORATIONS - duties and liabilities of officers of corporation - fiduciary obligations - date at which defaulting fiduciary kept company out of moneys - date at which judgment should be converted into Australian dollars JUDGMENTS - whether judgments can be set off against each other JUDGMENTS - whether valuation should bear interest COSTS - no order as to costs where compulsory acquisition order consented to without oppression being established Category: Costs Parties: Moshirzadeh, Mohammed (Plaintiff) Sajadi, Seyed Rasoul (Defendant) Representation: Counsel: Mr C D Wood (Plaintiff) Mr M Rollinson (Defendant) Solicitors: Kristofferson Legal Services (Plaintiff) Oliveri Lawyers (Defendant) File Number(s): 2010/212863