NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of 82 - 84 Belmore Street Pty Ltd (in liquidation) [2014] NSWSC 1701 Hearing dates: 24 November 2014 Decision date: 24 November 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made that the application be dismissed and the Respondents' costs of and incidental to the Further Amended Interlocutory Process and the application to set aside the summonses for examination and orders for production be assessable and paid forthwith. Catchwords: CORPORATIONS - examinations relating to insolvency - application for setting aside or staying of examination summons and orders for production - whether examination summons and orders for production should be set aside or stayed.
PROCEDURE - costs - general rule that costs follow the event - whether reason shown to depart from general rule - whether costs should be payable forthwith. Legislation Cited: - Corporations Act 2001 (Cth) s 588FF - Supreme Court (Corporations) Rules 1999 (NSW) rr 1.10 11.5 - Uniform Civil Procedure Rules 2005 (NSW) r 12.11 Cases Cited: - BP Australia Ltd v Brown [2003] NSWCA 216; (2003) 58 NSWLR 322 - Fortress Credit Corp (Australia) II Pty Ltd v Fletcher [2014] NSWCA 148; (2014) 308 ALR 166 - McMahon v Gould (1982) 7 ACLR 202 - Re Kassem (as liquidators of Clarecastle Pty Ltd) [2011] NSWSC 490 Category: Interlocutory applications Parties: Ozem Azzam Kassem and Daniel Juratowich as liquidators of 82 - 84 Belmore Street Pty Ltd (in liq) (Plaintiffs/Respondents) Sarkis Nassif, Jean Nassif, Bernadette Nassif, Adrian Staltari, Vincent Michael Aboud and Robert Bounassif, Wells St Properties Pty Ltd, By the Bay Investments Pty Ltd and Meadow Real Estate Pty Ltd, Barry Johnson and Associates Pty Ltd, Vincent M Abboud Pty Ltd, Holdmark Finance Co Pty Ltd, Property Investors Alliance Pty Ltd and Paramonte Legal (NSW) Pty Ltd (Defendants/Applicants) Representation: Counsel: B K Nolan (Applicant) M Condon SC/S Clemmett (Respondents) Solicitors: Somerset Rickman's Lawyers (Applicants) Sage Solicitors (Respondents) File Number(s): 2014/274960
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