In the matter of Nortex Pty Limited [2012] NSWSC 1086

In the matter of Nortex Pty Limited [2012] NSWSC 1086

Consent orders will be made between represented parties when appropriate, but orders regarding a non-consenting party (the liquidator) as to costs will not be made without their consent or application.

Jurisdiction
Australia
Judgment Date
16 July 2012
Procedural Posture
Corporations List Proceedings / Consent Orders at Conclusion of Contested Proceedings
Outcome
Consent orders made as between Applicants and Second Respondent; Amended Notices of Motion dismissed; costs awarded to Lamru Pty Limited subject to previous orders; liberty given to liquidator to apply on costs.
Legal Topics
['consent Orders' 'costs in Liquidation Proceedings']
['corporations Law' 'practice and Procedure'] ['consent Orders' 'costs in Liquidation Proceedings']

Case Brief

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Procedural Posture

Corporations List Proceedings / Consent Orders at Conclusion of Contested Proceedings

Legal Issues

  1. 1 ["Whether consent orders should be made between the parties in absence of liquidator's formal consent" 'Appropriate orders as to costs involving liquidator']

Ratio Decidendi

Consent orders will be made between represented parties when appropriate, but orders regarding a non-consenting party (the liquidator) as to costs will not be made without their consent or application.

Court Disposition

Consent orders made as between Applicants and Second Respondent; Amended Notices of Motion dismissed; costs awarded to Lamru Pty Limited subject to previous orders; liberty given to liquidator to apply on costs.

Orders

  • ['The Amended Notices of Motion filed by Peter Lewis, Nicolette Lewis and Nortex Co Pty Limited on 7 March 2000 are dismissed.' 'The Appellants are to pay the costs of Lamru Pty Limited incurred with respect to the Amended Notice of Motion filed on 7 March 2000.' 'Order as to costs is subject to orders made by White...