Knox v Nile & Ors [2022] NSWSC 638

Knox v Nile & Ors [2022] NSWSC 638

The plaintiff had limited success only in respect of the appointment of a receiver and supported (but did not initiate) the winding up; the Association is to pay only those limited costs. No party had substantive findings made against another sufficient to justify wider costs orders. The liquidator's and receiver's remuneration was reasonable and proportionate, supported by evidence, and approved by the Court. The interested party, Mr Collins, as a non-party under r 2.13 who made substantial and constructive contributions, should receive a fixed costs order.

Parties
Plaintiff: Charles Robert Bray Knox; First Defendant: Fred Nile; Second Defendant: Silvana Nile; Third Defendant: Annie Wright; Fifth Defendant: Christian Democratic Party (Fred Nile Group) Incorporated; Former Voluntary Administrator, Former Receiver and Liquidator: Mr Condon; Interested Party: Mr Collins
Jurisdiction
Australia
Judgment Date
23 May 2022
Procedural Posture
Equity Corporations List / Orders as to Costs and Remuneration Following Winding Up
Outcome
Orders made as to costs; liquidator to have liberty to apply as to his remuneration.
Legal Topics
Costs, Winding Up of Incorporated Associations, Liquidator and Receiver Remuneration
Corporations Law Civil Procedure Costs Winding Up of Incorporated Associations Liquidator and Receiver Remuneration

Case Brief

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Parties

Charles Robert Bray Knox

Plaintiff

Fred Nile

First Defendant

Silvana Nile

Second Defendant

Annie Wright

Third Defendant

Christian Democratic Party (Fred Nile Group) Incorporated

Fifth Defendant

Mr Condon

Former Voluntary Administrator, Former Receiver and Liquidator

Mr Collins

Interested Party

Procedural Posture

Equity Corporations List / Orders as to Costs and Remuneration Following Winding Up

Legal Issues

  1. 1 Whether and against whom any party is entitled to an order for costs in proceedings that led to the winding up of an incorporated association; whether the Court should approve remuneration of the administrator and receiver.

Ratio Decidendi

The plaintiff had limited success only in respect of the appointment of a receiver and supported (but did not initiate) the winding up; the Association is to pay only those limited costs. No party had substantive findings made against another sufficient to justify wider costs orders. The liquidator's and receiver's remuneration was reasonable and proportionate, supported by evidence, and approved by the Court. The interested party, Mr Collins, as a non-party under r 2.13 who made substantial and constructive contributions, should receive a fixed costs order.

Court Disposition

Orders made as to costs; liquidator to have liberty to apply as to his remuneration.

Orders

  • The motions dated 30 September 2021, 13 October 2021, 2 November 2021, and all other claims by any party in the proceedings be dismissed.
  • The costs of the Plaintiff in respect of the appointment of the receiver and the winding up, excluding costs referable to hearings before Rein J, be paid out of the assets of the Fifth Defendant as agreed or assessed.