In the matter of Munja Bakehouse Pty Ltd [2024] NSWSC 17

In the matter of Munja Bakehouse Pty Ltd [2024] NSWSC 17

No costs order should be made in favour of either side in respect of the wider claims because both parties had pursued and then abandoned or failed to obtain other relief, and all parties ultimately sought winding up if a buy-out order was not made. There was no sufficient reason to otherwise order under s 466(2) of the Corporations Act 2001 (Cth); the parties' costs of the winding up proceedings were to be paid as costs in the winding up.

Jurisdiction
Australia
Judgment Date
30 January 2024
Procedural Posture
Corporations Winding Up Proceedings / Final Orders and Costs Submissions Following Judgment Ordering Winding Up
Outcome
Orders as to winding up made. The parties' costs of the winding up application are to be paid as costs in the winding up, with no other costs order.
Legal Topics
['just and Equitable Winding Up' 'costs in Winding Up' 'receiver and Manager of Trust Assets' 'costs Discretion']
['corporations' 'civil Procedure' 'costs'] ['just and Equitable Winding Up' 'costs in Winding Up' 'receiver and Manager of Trust Assets' 'costs Discretion']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations Winding Up Proceedings / Final Orders and Costs Submissions Following Judgment Ordering Winding Up

Legal Issues

  1. 1 ['Whether the First Defendant and Second Defendant should be wound up on the just and equitable ground pursuant to s 461(1)(k) of the Corporations Act 2001 (Cth).' 'Whether the liquidator of the Second Defendant should be appointed as receiver and manager of trust assets and what powers should be conferred.' 'Whether costs orders should be made in favour of either party in respect of wider claims, the interlocutory process, or the winding up application.' 'Whether the Court should otherwise order for the purposes of s 466(2) of the Corporations Act 2001 (Cth).']

Ratio Decidendi

No costs order should be made in favour of either side in respect of the wider claims because both parties had pursued and then abandoned or failed to obtain other relief, and all parties ultimately sought winding up if a buy-out order was not made. There was no sufficient reason to otherwise order under s 466(2) of the Corporations Act 2001 (Cth); the parties' costs of the winding up proceedings were to be paid as costs in the winding up.

Court Disposition

Orders as to winding up made. The parties' costs of the winding up application are to be paid as costs in the winding up, with no other costs order.

Orders

  • ['The First Defendant, Munja Bakehouse Pty Ltd, be wound up pursuant to s 461(1)(k) of the Corporations Act 2001 (Cth).' 'The Second Defendant, Smith Street Marrickville Pty Ltd, be wound up pursuant to s 461(1)(k) of the Corporations Act.' 'Mr Steward Free of Jirsch Sutherland be appointed as liquidator of the...