Re: Bicanic; Ex Parte: Dernan Pty Ltd [1995] FCA 1196

Re: Bicanic; Ex Parte: Dernan Pty Ltd [1995] FCA 1196

The applicant, having withdrawn the application to wind up the company and having been found to know or ought reasonably to have known the debt was statute barred, should pay the respondent's costs, as the respondent is the successful party.

Parties
Debtor: Anthony Bicanic; Creditor: Dernan Pty Limited; Accountant: Robert Hauer; Shareholders: Ristevskis
Jurisdiction
Australia
Judgment Date
05 May 1995
Procedural Posture
Winding Up Application / Ruling on Costs After Withdrawal of Application
Outcome
Application to wind up dismissed; applicant to pay respondent's costs.
Legal Topics
Statutory Demand, Winding Up Proceedings, Costs
Corporations Law Bankruptcy Statutory Demand Winding Up Proceedings Costs

Case Brief

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Parties

Anthony Bicanic

Debtor

Dernan Pty Limited

Creditor

Robert Hauer

Accountant

Ristevskis

Shareholders

Procedural Posture

Winding Up Application / Ruling on Costs After Withdrawal of Application

Legal Issues

  1. 1 Whether costs should be ordered against the applicant after withdrawal of winding up application
  2. 2 Whether statutory demand was proper where debt was statute barred

Ratio Decidendi

The applicant, having withdrawn the application to wind up the company and having been found to know or ought reasonably to have known the debt was statute barred, should pay the respondent's costs, as the respondent is the successful party.

Court Disposition

Application to wind up dismissed; applicant to pay respondent's costs.

Orders

  • Application to wind up dismissed on applicant's motion.
  • Applicant to pay respondent's costs of the application.