Five G Pty Ltd v Pinacle Funding Group Pty Ltd [2008] NSWSC 228

Five G Pty Ltd v Pinacle Funding Group Pty Ltd [2008] NSWSC 228

Where a plaintiff in s 459G proceedings withdraws its application due to inability to prove compliance with the 21-day service rule, the normal costs rule applies and the plaintiff must pay the defendant’s costs.

Jurisdiction
Australia
Judgment Date
17 March 2008
Procedural Posture
Corporations Winding Up Statutory Demand Application to Set Aside / Application for Leave to Discontinue Proceedings
Outcome
Leave granted to discontinue proceedings. Plaintiff to pay defendant's costs.
Legal Topics
['statutory Demand' 'discontinuance' 'costs']
['corporations Law' 'civil Procedure'] ['statutory Demand' 'discontinuance' 'costs']

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Procedural Posture

Corporations Winding Up Statutory Demand Application to Set Aside / Application for Leave to Discontinue Proceedings

Legal Issues

  1. 1 ['Whether leave should be granted to discontinue application to set aside statutory demand' 'Who bears costs when plaintiff withdraws application under s 459G Corporations Act 2001 (Cth)']

Ratio Decidendi

Where a plaintiff in s 459G proceedings withdraws its application due to inability to prove compliance with the 21-day service rule, the normal costs rule applies and the plaintiff must pay the defendant’s costs.

Court Disposition

Leave granted to discontinue proceedings. Plaintiff to pay defendant's costs.

Orders

  • ['Plaintiff granted leave under rule 12.1(b) of Uniform Civil Procedure Rules 2005 to discontinue proceedings as to all claims for relief.' 'Plaintiff to file notice of discontinuance within seven days.' "Plaintiff must pay defendant's costs of proceedings in accordance with rule 42.19(2) of Uniform Civil Procedure...