In the matter of Malosi Group Pty Ltd [2021] NSWSC 801

In the matter of Malosi Group Pty Ltd [2021] NSWSC 801

The demand was varied (reduced) pursuant to s 459H of the Corporations Act 2001, but as Malosi failed to set aside the demand in its entirety and Sherrin was substantially successful, Malosi was ordered to pay Sherrin's costs on the ordinary basis.

Jurisdiction
Australia
Judgment Date
01 July 2021
Procedural Posture
Corporations List Application / Post Judgment Orders and Costs
Outcome
Creditor's statutory demand varied; plaintiff to pay defendant's costs.
Legal Topics
["creditor's Statutory Demand" 'costs' 'indemnity Costs']
['corporations' 'civil Procedure'] ["creditor's Statutory Demand" 'costs' 'indemnity Costs']

Case Brief

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Procedural Posture

Corporations List Application / Post Judgment Orders and Costs

Legal Issues

  1. 1 ["Should the creditor's statutory demand be set aside or varied?" 'Which party should pay costs, and on what basis?']

Ratio Decidendi

The demand was varied (reduced) pursuant to s 459H of the Corporations Act 2001, but as Malosi failed to set aside the demand in its entirety and Sherrin was substantially successful, Malosi was ordered to pay Sherrin's costs on the ordinary basis.

Court Disposition

Creditor's statutory demand varied; plaintiff to pay defendant's costs.

Orders

  • ["The creditor's statutory demand dated 25 February 2021 be varied pursuant to section 459H of the Corporations Act 2001 by reducing the amount from $63,966.34 to $51,045.94." "The Plaintiff pay the Defendant's costs of the proceedings, on the ordinary basis, as agreed or as assessed."]