In the matter of A.C.N. 607 358 887 (formerly known as Carzapp Pty Ltd) (No 2) [2020] NSWSC 144

Supreme Court New South Wales

Medium Neutral Citation: In the matter of A.C.N. 607 358 887 (formerly known as Carzapp Pty Ltd) (No 2) [2020] NSWSC 144 Hearing dates: 4, 16 December 2019; 24 February 2020 Decision date: 26 February 2020 Jurisdiction: Equity - Corporations List Before: Kunc J Decision: Plaintiffs to pay fourth to seventh defendants' costs on various bases Catchwords: CORPORATIONS — Voluntary administration — General matters — Unsuccessful challenge to validity of administrators' appointment — Entitlement of administrators to costs order where they maintained role of essential neutrality

COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Cases Cited: Blackadder v McQuinn & Ors (No 2) [2017] NTSC 57 In the matter of A.C.N. 607 358 887 (formerly known as Carzapp Pty Ltd) [2019] NSWSC 1561 In the matter of Condor Blanco Mines Ltd (No 2) [2016] NSWSC 1304 Category: Costs Parties: Twinkledom Pty Ltd ACN 606 702 416 (First Plaintiff) Busy Traveller Pty Ltd ACN 097 668 221(Second Plaintiff)

ACN 607 358 887 Ltd (formerly known as Carzapp Pty Ltd ACN 607 358 887) (First Defendant) ACN 613 155 561 Pty Ltd (formerly known as Carzapp Trading (Aus) Pty Ltd ACN 613 155 561) (Second Defendant) ACN 612 819 548 Pty Ltd (formerly known as Carzapp Holdings Pty Ltd ACN 612 819 548) (Third Defendant) Graham Meyerowitz (Fourth Defendant) Mark Lasarow (Fifth Defendant) Anthony Resnick in his capacity as joint administrator of Carzapp Pty Ltd, Carzapp Trading (Aus) Pty Ltd and Carzapp Holdings Pty Ltd (Sixth Defendant) David Solomons in his capacity as joint administrator of Carzapp Pty Ltd, Carzapp Trading (Aus) Pty Ltd and Carzapp Holdings Pty Ltd (Seventh Defendant) Representation: Counsel: L T Livingston (First Plaintiff) T J Morahan (Second Plaintiff) G O'Mahoney (Fourth and Fifth Defendants) M Rosenblatt (Solicitor) (First, Second, Third, Sixth and Seventh Defendants)