Lewis v Nortex Pty Ltd (No 2) [2001] NSWSC 610

Lewis v Nortex Pty Ltd (No 2) [2001] NSWSC 610

Due to the suspicious conduct of the Lewis interests regarding documentation, Kation Pty Ltd is deprived of costs and ordered to pay 45% of the costs of Lamru Pty Ltd and Lamb on the separate questions; the liquidator's costs to be paid out of company assets, but reimbursed as to 60% by Kation Pty Ltd and 40% by Lamru Pty Ltd.

Parties
Plaintiff: Lewis; Applicant: Lamru Pty Ltd; Liquidator: Brian Raymond Silvia
Jurisdiction
Australia
Judgment Date
19 July 2001
Procedural Posture
Equity (winding Up/costs Proceeding) / Post Judgment; Determination of Costs After Resolution of Preliminary Questions
Outcome
Orders as to costs, with Kation Pty Ltd to pay 45% of Lamru Pty Ltd's costs on the separate questions; no order otherwise as to costs between Lamb or Lewis interests; liquidator's costs to be paid out of company assets and reimbursed 60%-40% by Kation and Lamru respectively.
Legal Topics
Winding Up of Companies, Proof of Debt in Liquidation, Costs Discretion, Apportionment of Costs
Equity Company Law Civil Procedure Winding Up of Companies Proof of Debt in Liquidation Costs Discretion Apportionment of Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Lewis

Plaintiff

Lamru Pty Ltd

Applicant

Brian Raymond Silvia

Liquidator

Procedural Posture

Equity (winding Up/costs Proceeding) / Post Judgment; Determination of Costs After Resolution of Preliminary Questions

Legal Issues

  1. 1 Whether costs should be apportioned between the parties in proceedings arising from the winding up of Nortex Pty Ltd.
  2. 2 Whether the conduct of Mr Lewis or Kation Pty Ltd should deprive them of an order for costs.
  3. 3 What is the appropriate order in relation to the liquidator's costs.

Ratio Decidendi

Due to the suspicious conduct of the Lewis interests regarding documentation, Kation Pty Ltd is deprived of costs and ordered to pay 45% of the costs of Lamru Pty Ltd and Lamb on the separate questions; the liquidator's costs to be paid out of company assets, but reimbursed as to 60% by Kation Pty Ltd and 40% by Lamru Pty Ltd.

Court Disposition

Orders as to costs, with Kation Pty Ltd to pay 45% of Lamru Pty Ltd's costs on the separate questions; no order otherwise as to costs between Lamb or Lewis interests; liquidator's costs to be paid out of company assets and reimbursed 60%-40% by Kation and Lamru respectively.

Orders

  • Kation Pty Ltd to pay 45% of the costs of Lamru Pty Ltd and Lamb on the separate questions.
  • No order otherwise as to costs between Lamb or Lewis interests on the hearing of the separate questions.