In the matter of Nutek Constructions Pty Ltd [2017] NSWSC 451

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Nutek Constructions Pty Ltd [2017] NSWSC 451 Hearing dates: 6 April 2017 Date of orders: 06 April 2017 Decision date: 06 April 2017 Jurisdiction: Common Law Before: Gleeson JA Decision: (1) Order that the defendant pay the plaintiff's costs of the proceedings on the ordinary basis up to and including 20 February 2017.

(2) No order as to costs of the present application for costs. Catchwords: PROCEDURE – costs – where statutory demand issued in relation to a debt – where plaintiff instituted winding up proceedings – where judgment debt subsequently paid into Local Court – where parties continued to prepare for preliminary hearing under s 459S, Corporations Act and contested winding up after judgment debt paid into court – where no purpose could be served by either side continuing to prepare for proceedings after 20 February 2017 – appropriate order as to costs before and after 20 February 2017. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Civil Procedure Act 2005 (NSW), s 98(4) Corporations Act 2001, s 459S Cases Cited: Ann Street Mezzanine Pty Ltd (in liq) v Beck (2009) FCR 532; [2009] FCA 333 Braams Group Pty Limited v Miric (2002) 171 FLR 449 Calderbank v Calderbank [1975] 3 All ER 333 De Montfort v Southern Cross Exploration NL (1987) 17 NSWLR 469 Lavercombe v Auscott Ltd (2006) 58 ACSR 586; [2006] NSWSC 867 Re Lanaghan Bros Ltd [1977] 1 All ER 265 Re the Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Category: Costs Parties: Sydney Elite Concrete Pumping Services Pty Ltd (Plaintiff) Nutek Constructions Pty Ltd (Defendant) Representation: Counsel: Mr DP O'Connor (Plaintiff) Mr BA Jacobs (Defendant)