In the matter of Kaloriziko Pty Ltd [2022] NSWSC 474

In the matter of Kaloriziko Pty Ltd [2022] NSWSC 474

Because Calibre failed to file evidence, agreed to the statutory demand being set aside, and made no submissions on costs, and because the position was indistinguishable from the earlier decision in which Calibre was ordered to pay costs after effectively surrendering, Calibre should pay Kaloriziko's costs of the proceedings as agreed or assessed.

Jurisdiction
Australia
Judgment Date
20 April 2022
Procedural Posture
Application Under S 459 H and 459 J of the Corporations Act 2001 (cth) to Set Aside a Creditor's Statutory Demand / Costs Determined on the Papers After the Statutory Demand Was Set Aside by Consent
Outcome
The Defendant was ordered to pay the Plaintiff's costs of the proceedings, as agreed or as assessed.
Legal Topics
["creditor's Statutory Demand" 'application to Set Aside Statutory Demand' 'party/party Costs' 'costs on the Ordinary Basis']
['corporations' 'costs'] ["creditor's Statutory Demand" 'application to Set Aside Statutory Demand' 'party/party Costs' 'costs on the Ordinary Basis']

Case Brief

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Procedural Posture

Application Under S 459 H and 459 J of the Corporations Act 2001 (cth) to Set Aside a Creditor's Statutory Demand / Costs Determined on the Papers After the Statutory Demand Was Set Aside by Consent

Legal Issues

  1. 1 ["Whether Calibre Construction Group Pty Ltd should pay Kaloriziko Pty Ltd's costs of the proceedings after the statutory demand was set aside by consent." 'Whether the costs position was indistinguishable from the earlier decision in Re Kaloriziko Pty Ltd [2021] NSWSC 1276.']

Ratio Decidendi

Because Calibre failed to file evidence, agreed to the statutory demand being set aside, and made no submissions on costs, and because the position was indistinguishable from the earlier decision in which Calibre was ordered to pay costs after effectively surrendering, Calibre should pay Kaloriziko's costs of the proceedings as agreed or assessed.

Court Disposition

The Defendant was ordered to pay the Plaintiff's costs of the proceedings, as agreed or as assessed.

Orders

  • ['Calibre Construction Group Pty Ltd pay the costs of Kaloriziko Pty Ltd of the proceedings, as agreed or as assessed.']