Sliteris v Ljubic [2014] NSWSC 1785

Supreme Court New South Wales

Medium Neutral Citation: Sliteris v Ljubic [2014] NSWSC 1785 Hearing dates: 30 September, 8 October 2014 Decision date: 12 December 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Declaration made pursuant to s 447C of the Corporations Act 2001 (Cth) that the first and second defendants were validly appointed as voluntary administrators of the company on 4 April 2014. Order made that proceedings are otherwise dismissed. Plaintiff's costs of the winding up application, other than dispute as to the identity of appointed liquidator, be costs in the winding up. Third Defendant's costs of the winding up application be costs in the winding up. Plaintiff to pay first and second defendants' costs of proceedings on an indemnity basis, as agreed or as assessed. Plaintiff to pay third defendant's costs of and incidental to matters heard on specified dates on an indemnity basis, as agreed or as assessed. Each party to pay its own costs after 19 November 2014. Catchwords: PROCEDURE - costs - general rule that costs follow the event - whether reason shown to depart from general rule - orders sought by first to third defendants against plaintiff for further costs on indemnity basis - whether circumstances justify order for costs against plaintiff on indemnity basis. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 98 - Corporations Act 2001 (Cth) ss 181, 443D, 443D(a), 443E(1)(c), 447C, 449E, 449E(1)(c) - Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: - Colgate-Palmolive Co v Cussons Pty Ltd [1993] FCA 801; (1993) 46 FCR 225 - Hamod v State of New South Wales [2002] FCAFC 97; (2002) 188 ALR 659 - Lahoud v Lahoud [2006] NSWSC 126 - Liverpool City Council v Estephan [2009] NSWCA 161 - Ng v Chong [2010] NSWSC 127 Category: Costs Parties: Viktoras Sliteris (Plaintiff) Dragan Ljubic (First Defendant) Geoffrey Robert Davis (Second Defendant) Nicholas Harrow (Third Defendant) Angela Harrow (Fourth Defendant) A V & M J Nominees Pty Ltd (Fifth Defendant) Representation: Counsel: D K L Raphael (Plaintiff) C Peadon (First and Second Defendants) H Somerville (Third, Fourth and Fifth Defendants) Solicitors: Penhall & Co (Plaintiff) Lander & Rogers (First and Second Defendants) Nelson McKinnon (Third, Fourth and Fifth Defendants) File Number(s): 2014/112763