In the matter of C.V. Joint (Aust) Pty Ltd (No 2) [2022] NSWSC 1579

In the matter of C.V. Joint (Aust) Pty Ltd (No 2) [2022] NSWSC 1579

No order as to costs for the plaintiff's application for appointment of provisional liquidator, since the appointment was largely occasioned by the plaintiff's own conduct, not for the reasons advanced regarding defendants' conduct; each party to bear their own costs.

Parties
Plaintiff: Ji Chen Mi; First Defendant: Duza Aleksandroff; Second Defendant: Ury Aleksandroff; Third Defendant: C.V. Joint (Aust) Pty Ltd
Jurisdiction
Australia
Judgment Date
17 November 2022
Procedural Posture
Interlocutory Application / Costs Determination Following Appointment of Provisional Liquidator
Outcome
No order as to costs for the application to appoint a provisional liquidator; plaintiff released from undertakings; plaintiff to pay second defendant's costs of Interlocutory Process filed 13 July 2022.
Legal Topics
Costs, Appointment of Provisional Liquidator
Corporations Equity Costs Appointment of Provisional Liquidator

Case Brief

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Parties

Ji Chen Mi

Plaintiff

Duza Aleksandroff

First Defendant

Ury Aleksandroff

Second Defendant

C.V. Joint (Aust) Pty Ltd

Third Defendant

Procedural Posture

Interlocutory Application / Costs Determination Following Appointment of Provisional Liquidator

Legal Issues

  1. 1 Whether the plaintiff should receive costs for an application to appoint a provisional liquidator
  2. 2 Whether the plaintiff should be released from undertakings given to the Court
  3. 3 Who should bear costs of interlocutory process to set aside Notices to Produce

Ratio Decidendi

No order as to costs for the plaintiff's application for appointment of provisional liquidator, since the appointment was largely occasioned by the plaintiff's own conduct, not for the reasons advanced regarding defendants' conduct; each party to bear their own costs.

Court Disposition

No order as to costs for the application to appoint a provisional liquidator; plaintiff released from undertakings; plaintiff to pay second defendant's costs of Interlocutory Process filed 13 July 2022.

Orders

  • No order as to the costs of the plaintiff's Interlocutory Process filed 10 June 2022 seeking appointment of provisional liquidator, each party pays their own costs.
  • Plaintiff is released from undertakings given to the Court on 22 July 2022.