In the matter of Riverside Spares Pty Ltd [2019] NSWSC 1900

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Riverside Spares Pty Ltd [2019] NSWSC 1900 Hearing dates: 21 November 2019 Date of orders: 21 November 2019 Decision date: 21 November 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Plaintiff's and Mr Salier's costs of the proceedings be paid as costs in the winding up. No order as to the costs of the hearing today. Catchwords: CORPORATIONS – winding up – costs – where winding up of company ordered pursuant to a fact agreed between the parties – where company wound up on the just and equitable ground – where plaintiff originally sought relief in the form of purchase of his shares in company – where that relief not obtained – whether the court should otherwise order for the purposes of s 466(2) of the Corporations Act 2001 (Cth). Legislation Cited: - Corporations Act 2001 (Cth) ss 233, 290, 461, 461(1)(k), 466(2), 556(1)(b) Cases Cited: - Hooke v Bux Global Ltd (No 8) [2019] FCA 671 - Re HCafe Chatswood Pty Ltd [2018] NSWSC 362 - Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Category: Costs Parties: Oreste Bercich (Plaintiff) Riverside Spares Pty Ltd (First Defendant) Giovanni Bercich (Second Defendant) Dino Bercich (Third Defendant) Nancy Bercich by her tutor Gordon Salier (Fourth Defendant) Representation: Counsel: D C P Stewart (Plaintiff) A Gandar (Second and Third Defendants)