In the matter of Australasian Barrister Chambers Pty Ltd (in liquidation) [2017] NSWSC 693

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Australasian Barrister Chambers Pty Ltd (in liquidation) [2017] NSWSC 693 Hearing dates: 17 March 2017 Decision date: 17 March 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: Grant leave to file in Court the Interlocutory Application of the Applicant dated 15 March 2017 and make no order as to costs. Catchwords: PRODEDURE – Contempt, attachment and sequestration – where Respondent contends that Applicant is in contempt of court and ought therefore not be permitted to file its interlocutory application – where Respondent court-appointed receiver with power of sale over the Applicant's assets – where Applicant undertook not to deal with assets – where Applicant claimed to have granted a parol lease of the assets before giving the undertaking and executed a written lease after the undertaking ceased to have effect – whether Applicant breached undertaking by granting lease – whether Applicant in contempt by frustrating receiver's functions.

PRODEDURE – Costs – Departing from the general rule – where successful party relies on evidence that could have been brought to the attention of the Court and the other party on earlier occasions – whether an order should be made as to costs. Cases Cited: - Baker v Paul [2013] NSWCA 426 - Chamberlain Group Pty Ltd v Kids For Life Academy Pty Ltd [2015] NSWCA 241 - Hanson Property Developments Pty Ltd [2016] NSWSC 1870 - In the Matter of Australasian Barrister Chambers Pty Ltd (in liq) [2017] NSWCA 245 - KP Cable Investments Pty Ltd v Meltglow Pty Ltd (28 February 1995) - Malek Fahd Islamic School Ltd v Australian Federation of Islamic Councils Inc [2016] NSW 672 - Sigalla v TZ Ltd [2011] NSWCA 344 - Young v Jackman (1986) 7 NSWLR 97 Category: Procedural and other rulings Parties: The Owners – Strata Plan No 21574 (Plaintiff) Australasian Barrister Chambers Pty Ltd (Defendant) ABCD Corporation Pty Ltd (Applicant on Interlocutory Process) David Henry Sampson (Respondent on Interlocutory Process) Representation: Counsel: H W M Stitt (Applicant on Interlocutory Process) R D Marshall SC (Respondent on Interlocutory Process)