Wang v ABC Homes (NSW) Pty Ltd (No 2) [2018] NSWSC 1736

Wang v ABC Homes (NSW) Pty Ltd (No 2) [2018] NSWSC 1736

Because of the unusual circumstances in which the s 459S application and winding up hearing were handled separately by the Court, and because the merits and case preparation did not justify a usual costs order, there will be no order as to costs on dismissal of proceedings.

Jurisdiction
Australia
Judgment Date
13 November 2018
Procedural Posture
Winding Up Proceedings / Post Hearing; Final Orders on Dismissal and Costs
Outcome
Proceedings dismissed; no order as to costs
Legal Topics
['costs' 'statutory Demands' 'leave Under S 459 S' 'winding Up Applications']
['equity' 'corporations'] ['costs' 'statutory Demands' 'leave Under S 459 S' 'winding Up Applications']

Case Brief

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Procedural Posture

Winding Up Proceedings / Post Hearing; Final Orders on Dismissal and Costs

Legal Issues

  1. 1 ['Whether costs of a successful Corporations Act 2001 (Cth), s 459S application should be awarded to the defendant or be otherwise dealt with when proceedings are dismissed' "Proper characterisation of a s 459S application as an 'indulgence' and its effect on costs"]

Ratio Decidendi

Because of the unusual circumstances in which the s 459S application and winding up hearing were handled separately by the Court, and because the merits and case preparation did not justify a usual costs order, there will be no order as to costs on dismissal of proceedings.

Court Disposition

Proceedings dismissed; no order as to costs

Orders

  • ['Order that the proceedings be dismissed.' 'No order as to costs.']