In the matter of ACN 004 410 833 Limited (formerly Arrium Limited) (subject to a deed of company arrangement) [2019] NSWSC 1708

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ACN 004 410 833 Limited (formerly Arrium Limited) (subject to a deed of company arrangement) [2019] NSWSC 1708 Hearing dates: Submissions as to costs and orders - 29 November 2019 Decision date: 02 December 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Consequential orders and costs orders made. Catchwords: CORPORATIONS – winding up – public examination of directors, officers and others – application to set aside examination summonses and orders for production – consequential orders made.

COSTS – whether costs orders should be made in respect of application to set aside examination summonses and orders for production. Legislation Cited: - Civil Procedure Act 2005 (NSW) s 68 - Supreme Court (Corporations) Rules 1999 (NSW) r 2.13 - Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: - Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 - Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Category: Costs Parties: Interlocutory Process filed 11 June 2019 Michael Thomas Walton (First Plaintiff/First Respondent) Anthony Bogan (Second Plaintiff/Second Respondent) ACN 004 410 833 Limited (formerly Arrium Limited) (subject to deed of company arrangement) (Applicant) KPMG (Interested Party)