In the matter of Statewide Developments Pty Limited [2011] NSWSC 1538

In the matter of Statewide Developments Pty Limited [2011] NSWSC 1538

Statewide acted unreasonably by failing to pay a clear judgment debt, failing to comply with or set aside the statutory demand, and only paying after winding up proceedings were commenced; the existence of unquantified costs issues did not justify non-payment, and Mr Higgins was not to be criticised for the later course of the proceedings. Statewide was therefore required to pay Mr Higgins' costs of the winding up proceedings.

Jurisdiction
Australia
Judgment Date
14 December 2011
Procedural Posture
Winding Up Proceedings Based on an Unsatisfied Statutory Demand / Costs Determination on Written Submissions
Outcome
Statewide Developments Pty Ltd ordered to pay Mr Higgins' costs of the winding up proceedings.
Legal Topics
['statutory Demand' 'winding Up Proceedings' 'judgment Debt' 'unquantified Costs Orders' 'costs After Payment of Debt']
['corporations' 'civil Procedure' 'costs'] ['statutory Demand' 'winding Up Proceedings' 'judgment Debt' 'unquantified Costs Orders' 'costs After Payment of Debt']

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Procedural Posture

Winding Up Proceedings Based on an Unsatisfied Statutory Demand / Costs Determination on Written Submissions

Legal Issues

  1. 1 ["Whether Statewide Developments Pty Ltd should pay Mr Higgins' costs of the winding up proceedings after paying the judgment debt after the proceedings commenced." 'Whether Mr Higgins acted improperly or unreasonably in maintaining the winding up proceedings after payment of the judgment debt.']

Ratio Decidendi

Statewide acted unreasonably by failing to pay a clear judgment debt, failing to comply with or set aside the statutory demand, and only paying after winding up proceedings were commenced; the existence of unquantified costs issues did not justify non-payment, and Mr Higgins was not to be criticised for the later course of the proceedings. Statewide was therefore required to pay Mr Higgins' costs of the winding up proceedings.

Court Disposition

Statewide Developments Pty Ltd ordered to pay Mr Higgins' costs of the winding up proceedings.

Orders

  • ['Order that Statewide Developments Pty Ltd pay the costs of Damien Paul Higgins of the winding up proceedings.']