In the matter of J A Westaway Pty Limited (in liquidation) [2016] NSWSC 868

Supreme Court New South Wales

Medium Neutral Citation: In the matter of J A Westaway Pty Limited (in liquidation) [2016] NSWSC 868 Hearing dates: 11 May 2016 Decision date: 24 June 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that the liquidator of company pay the costs of and incidental to the interlocutory application, as agreed or as assessed, not limited to the amount of the company's assets available for the purpose of meeting a costs award. Order that the liquidator pay the costs of the application for costs, as agreed or as assessed, limited to the amount of the company's assets available for the purpose of meeting a costs award. Catchwords: PRODEDURE — Costs — where proceedings by the plaintiff against a company and the liquidator of that company were dismissed by consent – where plaintiff sought costs orders against the liquidator personally – whether liquidator had acted unreasonably such that costs orders against the liquidator personally are warranted. Legislation Cited: - Corporations Act 2001 (Cth), ss 509, 511, 1324 - Supreme Court Act 1970 (NSW), s 66 - Corporations Regulations 2001 (Cth), regs 5.6.12, 5.6.18, 5.6.53 Cases Cited: - AMC Commercial Cleaning (NSW) Pty Ltd v Coade [2013] NSWSC 332 - Maylord Equity Management Pty Ltd v Reel Time Media Ltd (No 2) [2008] NSWSC 1133 - McNamara v Bao San [2010] NSWSC 809 - Parlby v Blair [2013] NSWSC 100 - Silvia v Brodyn Pty Ltd [2007] NSWCA 55; (2007) 25 ACLC 385 - Tulla Resources Group Pty Ltd v Minroc Quarries Pty Ltd [2016] NSWSC 134 Category: Costs Parties: Sydney Robert Barry Doneley, on behalf of The Owners – Strata Plan No 79215 (Plaintiff) Sule Arnautovic as liquidator of J A Westaway Pty Limited (in liq) (First Defendant) J A Westaway Pty Limited (in liq) (Second Defendant) Representation: Counsel: M A Karam (Plaintiff) T Di Bello (Solicitor – Defendants)