In the matter of St Gregory’s Armenian School Inc [2015] NSWSC 1701

Supreme Court New South Wales

Medium Neutral Citation: In the matter of St Gregory's Armenian School Inc [2015] NSWSC 1701 Hearing dates: Written submissions as to costs, 21, 28 October 2015 Decision date: 16 November 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders substantially in accordance with the liquidator's short minutes of order, as amended. Catchwords: CORPORATIONS – Winding up – where appeal under s 1321 of the Corporations Act 2001 (Cth) – consequential orders giving effect to principal judgment

PRODEDURE – Costs – General rule – costs follow the event – where Defendant substantially successful in primary claim but not on Cross-Claim – where evidence relating to the primary claims also informed the Cross-Claim – determination of appropriate orders as to costs. Legislation Cited: - Civil Procedure Act 2005 (NSW) s 98 - Corporations Act 2001 (Cth) ss 1321 - Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: - Milne v Attorney-General (Tasmania) [1956] HCA 48; (1956) 95 CLR 460 - Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 - Re St Gregory's Armenian School Inc [2015] NSWSC 1465 - Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 Category: Costs Parties: Michael Ghougassian (First Plaintiff) Daniel Ghougassian (Second Plaintiff) Roderick Mackay Sutherland in his capacity as liquidator of St Gregory's Armenian School Inc (in liq) (Defendant) Roderick Mackay Sutherland in his capacity as liquidator of St Gregory's Armenian School Inc (in liq) (First Cross-Claimant) St Gregory's Armenian School Inc (in liq) Second Cross-Claimant) Michael Ghougassian (First Cross-Defendant) Katrin Ghougassian (Second Cross-Defendant) Representation: Counsel: P E King (Plaintiffs/Cross-Defendants) J K Taylor (Defendant/Cross-Claimants