Labraga v Pomfret [2005] NSWSC 1039

Labraga v Pomfret [2005] NSWSC 1039

Order that company pay plaintiff's costs except plaintiff must pay costs on the issue of charge, and appoint Mr Ryan as liquidator as he has experience and has given undertakings to the court.

Parties
Plaintiff: Julio Cesar Labraga; First Defendant: Philip Edward Pomfret; Second Defendant: Exception Holdings Pty Limited; Third Defendant: Exception Finance Pty Limited
Jurisdiction
Australia
Judgment Date
11 October 2005
Procedural Posture
Winding Up Proceedings / Judgment on Costs and Appointment of Liquidator
Outcome
Orders made: company pays plaintiff's costs except plaintiff pays first defendant's costs on issue of charge; Mr Ryan appointed liquidator; exhibits to be kept in custody by Mr Breen.
Legal Topics
Winding Up on Just and Equitable Ground, Costs in Winding Up Proceedings
Corporate Law Equity Winding Up on Just and Equitable Ground Costs in Winding Up Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Julio Cesar Labraga

Plaintiff

Philip Edward Pomfret

First Defendant

Exception Holdings Pty Limited

Second Defendant

Exception Finance Pty Limited

Third Defendant

Procedural Posture

Winding Up Proceedings / Judgment on Costs and Appointment of Liquidator

Legal Issues

  1. 1 Whether costs should be paid from company assets on winding up on just and equitable ground
  2. 2 Whether plaintiff should pay costs on issue of alleged charge
  3. 3 Who should be appointed liquidator

Ratio Decidendi

Order that company pay plaintiff's costs except plaintiff must pay costs on the issue of charge, and appoint Mr Ryan as liquidator as he has experience and has given undertakings to the court.

Court Disposition

Orders made: company pays plaintiff's costs except plaintiff pays first defendant's costs on issue of charge; Mr Ryan appointed liquidator; exhibits to be kept in custody by Mr Breen.

Orders

  • Company to pay plaintiff's costs except plaintiff to pay costs of first defendant on issue of alleged charge.
  • Appoint Mr Ryan as liquidator of the company; remove Mr Smith's name and insert Mr Ryan's name in orders.