In the matter of Circle Recruitment Pty Limited In the matter of Nader Group ACT Pty Limited In the matter of Investcorp International Pty Limited [2013] NSWSC 734

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Circle Recruitment Pty Limited In the matter of Nader Group ACT Pty Limited In the matter of Investcorp International Pty Limited [2013] NSWSC 734 Hearing dates: 19 April 2013 Decision date: 19 April 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Defendants to pay costs referable to the application to set aside the statutory demands from 25 February 2013. Plaintiffs to pay costs for this application. Catchwords: CORPORATIONS - applications to set aside statutory demands - whether debts genuinely disputed. PROCEDURE - costs - whether abuse of process by issuing three separate statutory demands to three separate companies for the same debt - whether there was a proper basis for treating each company as jointly and severally liable for the debt claimed - whether the statutory demands could be set aside on the basis that the debts were genuinely disputed - whether the plaintiff acted unreasonably in not disclosing its case sufficiently early. Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 Corporations Act 2001 (Cth) ss 459G, 459H, 459J Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: - Ayrton Investments Pty Ltd v Andrlik [2000] ACTSC 55 - Chameleon Mining NL v Atanasksovic Hartnell [2009] NSWSC 602 - Dynamics Co Pty Ltd v G & M Nicholas Pty Ltd [2012] NSWSC 206 - Eyota v Hanave Pty Ltd (1994) 12 ACSR 785 - Felkro Nominees Pty Ltd v Austissue Pty Ltd [1993] FCA 455; (1993) 11 ACSR 607 - Hills Motorway Ltd v UBS AG [2005] NSWSC 1086 - Hornet Aviation Pty Ltd v Ansett International Air Freight (unreported, Federal Court of Australia, Northrop J, 6 December 1994) - Perlake Pty Ltd v Finance and Mortgage Corporation (NSW) Pty Ltd (1996) 15 ACLC 76 - Ranford Gold Mines Pty Ltd v P & H Earth Moving Pty Ltd [1994] NTSC 49 - Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Category: Costs Parties: 2012/393591 Circle Recruitment Pty Limited (First Plaintiff) Vicken Berberian (Defendant) 2012/393598 Nader Group Act Pty Limited (First Plaintiff) Vicken Berberian (Defendant) 2012/393606 Investcorp International Pty Limited (First Plaintiff) Vicken Berberian (Defendant) Representation: Counsel: M. Southwick (Plaintiffs) D. Rayment (Defendants) Solicitors: Macquarie Lawyers (Plaintiffs) Colin Biggers & Paisley (Defendants) File Number(s): 2012/393591 2012/393598 2012/393606