Turner v Ulicorp Pty Ltd [2007] NSWSC 1216

Turner v Ulicorp Pty Ltd [2007] NSWSC 1216

The plaintiff successfully established grounds for winding up and obtained the order sought; there was no impropriety or other exceptional circumstance to justify depriving the plaintiff of costs, so the usual costs order in favour of a successful plaintiff applies.

Jurisdiction
Australia
Judgment Date
30 October 2007
Procedural Posture
Winding Up Application / Decision on Costs Following Consent Winding Up Order
Outcome
Order for costs in favour of plaintiff (except for earlier interlocutory application)
Legal Topics
['winding Up on Just and Equitable Ground' 'costs Orders' 'exercise of Discretion on Costs']
['corporations Law' 'civil Procedure'] ['winding Up on Just and Equitable Ground' 'costs Orders' 'exercise of Discretion on 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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Winding Up Application / Decision on Costs Following Consent Winding Up Order

Legal Issues

  1. 1 ['Whether the plaintiff should be awarded costs of proceedings where winding up order was ultimately made by consent after delay to allow outstanding business to complete' 'Whether any circumstance justified depriving plaintiff of costs despite success']

Ratio Decidendi

The plaintiff successfully established grounds for winding up and obtained the order sought; there was no impropriety or other exceptional circumstance to justify depriving the plaintiff of costs, so the usual costs order in favour of a successful plaintiff applies.

Court Disposition

Order for costs in favour of plaintiff (except for earlier interlocutory application)

Orders

  • ["Order that the defendant pay the plaintiff's costs of the proceedings." 'Order of 13 December 2006 as to costs of interlocutory process to stand.']