In the matter of Cheviot Wine Group Pty Ltd [2016] NSWSC 1928

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Cheviot Wine Group Pty Ltd [2016] NSWSC 1928 Hearing dates: 14 November 2016 Decision date: 14 November 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: - Corporations Act 2001 (Cth), s 459P - Uniform Civil Procedure Rules 2005 (NSW), r 42.19 Catchwords: PROCEDURE — Costs — Application by plaintiff for costs of winding up application – where plaintiff commenced winding up application against the defendant but was later substituted by another creditor – where plaintiff sought costs order against defendant – whether plaintiff was almost certain to have succeeded if winding up application had been fully determined such that it should be entitled to costs orders. Legislation Cited: - Corporations Act 2001 (Cth), s 459P - Uniform Civil Procedure Rules 2005 (NSW), r 42.19 Cases Cited: - Bidald Consulting Pty Ltd v Miles Special Builders Pty Ltd [2005] NSWSC 397; (2005) 54 ACSR 228 - Deputy Commissioner of Taxation v Rhodium Australia Pty Ltd [2011] FCA 988 - Lavercombe v Auscott Ltd [2006] 58 NSWSC 867; (2006) 58 ACSR 586 - Re Bostels Ltd [1968] Ch 346 - Re Castle Coulson & MacDonald Ltd [1973] Ch 382 - Re the Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Texts Cited: - F Assad, Statutory Demands and Winding Up in Insolvency (2nd ed 2012, LexisNexis Butterworths) Category: Procedural and other rulings Parties: Wickham Hill Holding Pty Limited (Plaintiff) Cheviot Wine Group Pty Limited (Defendant) Representation: Counsel: A M Guzman (Plaintiff) D Allen (Defendant) K Khan (Supporting Creditor)