In the matter of Twigg Investments Pty Ltd; In the matter of Twigg Investments Pty Ltd [2019] NSWSC 336

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Twigg Investments Pty Ltd; In the matter of Twigg Investments Pty Ltd [2019] NSWSC 336 Hearing dates: 12 March 2019 Decision date: 12 March 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: In both proceedings, the application for review of the Registrar's decision is dismissed; the Plaintiff pay the Defendants' costs of and incidental to that application, as agreed or as assessed; and the question of any costs of the application before the Registrar be remitted to the Registrar, with leave to the parties to seek to approach the Registrar to allocate any hearing date or otherwise deal with that question. Catchwords: CIVIL PROCEDURE – review of decision of registrar – application to set aside decision of a registrar – where registrar ordered each party pay their own costs – where plaintiff seeks an order that the defendants pay the costs of the application before the registrar on an ordinary or indemnity basis – where the creditors' statutory demands were not issued inappropriately – where a debt appeared to be owing to the defendants – where the creditors' statutory demands were promptly withdrawn – whether there was error in the registrar's decision. Legislation Cited: Corporations Act 2001 (Cth) s 459G Uniform Civil Procedure Rules 2005 (NSW) r 49.19 Cases Cited: - Ayrton Investments Pty Ltd v Andrlik [2000] ACTSC 55 - Canon Australia Pty Ltd v Yong Bros Pty Ltd (Costs) [2009] NSWSC 1245 - Felkro Nominees Pty Ltd v Austissue Pty Ltd (1993) 11 ACSR 607 - Ayrton Investments Pty Ltd v Andrlik [2000] ACTSC 55 - Canon Australia Pty Ltd v Yong Bros Pty Ltd (Costs) [2009] NSWSC 1245 - Felkro Nominees Pty Ltd v Austissue Pty Ltd (1993) 11 ACSR 607 - Re Long Tail Pty Ltd [2013] NSWSC 735 - Re Modern Wholesale Jewellery Pty Ltd [2017] NSWSC 236 - Re Pierotti and Fanani Pty Ltd as trustee for the Caesars Properties Unit Trust [2018] NSWSC 457 - Specialty Fashion Group Ltd v Global Red Australia Pty Ltd [2012] NSWSC 256 - Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 - Yoogalu Pty Ltd v Intentia Australia Pty Ltd [2006] NSWSC 278 Category: Procedural and other rulings Parties: Proceedings 2018/279826 Twigg Investments Pty Ltd atf the Twigg Investments Trust (Plaintiff) Frances Lambert (Defendant)