In the matter of Long Tail Pty Limited [2013] NSWSC 735

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Long Tail Pty Limited [2013] NSWSC 735 Hearing dates: 22 April 2013 Decision date: 24 April 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Defendant to pay costs of and incidental to the application to set aside the creditor's statutory demand. Defendant to pay costs of this application. Catchwords: PROCEDURE - costs - costs sought on an indemnity basis of an application to set aside a statutory demand where it did not proceed to hearing - whether the demand would have been set aside because of other means to satisfy the debt - whether statutory demand issued unreasonably. Legislation Cited: Corporations Act 2001 (Cth) ss 459H, 459H(1)(b), 459J, 459J(1)(b), 459N Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: - Chameleon Mining NL v Atanaskovic Hartnell [2009] NSWSC 602 - Elm Financial Services v MacDougal [2004] NSWSC 560 - Gabriel Hotels Pty Ltd v Corlita Pty Ltd [2010] NSWSC 826 - Macleay Nominees Pty Ltd v Belle Property East Ltd [2001] NSWSC 743 - Specialty Fashion Group Ltd v Global Red Australia Pty Ltd [2012] NSWSC 256 Category: Costs Parties: Long Tail Pty Limited (Plaintiff) Osmal (Holdings) Pty Limited (Defendant) Representation: Counsel: A. Tsekouras (Plaintiff) A.R. Zahra (Defendant) Solicitors: Mills Oakley (Plaintiff) DLA Piper (Defendant) File Number(s): 2012/272025