In the matter of Clarkes Pty Limited (ACN 078 949 112) [2015] NSWSC 2101

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Clarkes Pty Limited (ACN 078 949 112) [2015] NSWSC 2101 Hearing dates: 13 August 2015 Date of orders: 13 August 2015 Decision date: 13 August 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Winding up orders made. Catchwords: CORPORATIONS – winding up – just and equitable ground – irretrievable breakdown of relationship of partners in incorporated quasi-partnership – where winding up application not contested; PROCEDURE – costs – application for plaintiff's costs to be paid by third defendant – plaintiff's entitlement to costs under (CTH) Corporations Act 2001, s 466(2) – whether costs incurred due to third defendant's unreasonable conduct – general approach upon winding up of partnerships that costs be paid out of assets of partnership. Legislation Cited: (CTH) Corporations Act 2001, s 466(2) Cases Cited: Hamer v Giles (1879) 11 Ch D 942 Category: Principal judgment Parties: Reginald Anthony Clarke (plaintiff) Cafsoul Pty Limited ACN 002 515 371 (first defendant) Clarkes Pty Limited ACN 078 949 112 (second defendant) Stephen Robert Clarke (third defendant) S.R. Clarke Pty Limited ACN 099 302 495 (fourth defendant) Representation: Counsel: J T Johnson (plaintiff) H Pintos-Lopez (defendant)

Solicitors: Access Law Group (plaintiff) Tony Cullinan Lawyers (defendants) File Number(s): 2015/167422