In the matter of Mawson Flinders Cook Global Capital Pty Ltd [2022] NSWSC 1369

In the matter of Mawson Flinders Cook Global Capital Pty Ltd [2022] NSWSC 1369

There was insufficient evidence that costs were 'thrown away' as examinations proceeded subsequently and no causal link established between Mr Thomas's conduct and the costs claimed. Medical evidence for adjournment was unchallenged and Mr Thomas attended as ordered; application for indemnity costs is dismissed.

Parties
Plaintiff: Domenico Alessandro Calabretta; First Defendant: Grant Thomas; Second Defendant: Jason Andrew Henry
Jurisdiction
Australia
Judgment Date
10 October 2022
Procedural Posture
Corporations – Winding Up – Public Examination / Interlocutory Application for Costs Thrown Away as Result of Adjourned Examinations
Outcome
Application dismissed with costs.
Legal Topics
Winding Up, Costs of Examination, Public Examination of Directors, Adjournment Due to Medical Grounds
Corporations Equity Winding Up Costs of Examination Public Examination of Directors Adjournment Due to Medical Grounds

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 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Domenico Alessandro Calabretta

Plaintiff

Grant Thomas

First Defendant

Jason Andrew Henry

Second Defendant

Procedural Posture

Corporations – Winding Up – Public Examination / Interlocutory Application for Costs Thrown Away as Result of Adjourned Examinations

Legal Issues

  1. 1 Whether director is liable for costs thrown away due to adjournment of examination
  2. 2 Whether circumstances support an order for indemnity costs against Mr Thomas

Ratio Decidendi

There was insufficient evidence that costs were 'thrown away' as examinations proceeded subsequently and no causal link established between Mr Thomas's conduct and the costs claimed. Medical evidence for adjournment was unchallenged and Mr Thomas attended as ordered; application for indemnity costs is dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • Application dismissed with costs.