In the matter of Techfire NSW Pty Ltd [2020] NSWSC 1206

In the matter of Techfire NSW Pty Ltd [2020] NSWSC 1206

The Second Defendant was ordered to pay the Plaintiff's costs on an ordinary basis from his joinder on 3 July 2020 to the appointment of a liquidator on 3 August 2020 because he put the Plaintiff to the costs of commencing the proceedings by not previously consenting to the appointment of a provisional liquidator or liquidator and could not avoid costs entirely by later not resisting the orders. Costs before joinder were not ordered against him, and indemnity costs were refused because there was nothing unreasonable in his conduct of the proceedings after joinder, when he consented to the appointment of a provisional liquidator and to the winding up order. Because the costs application...

Jurisdiction
Australia
Judgment Date
07 September 2020
Procedural Posture
Costs Application in Corporations Winding Up and Provisional Liquidator Proceedings / Determined on the Papers After Appointment of a Provisional Liquidator and Liquidator
Outcome
Second Defendant to pay the Plaintiff's costs of the proceedings on an ordinary basis from 3 July 2020 to 3 August 2020; no order as to the costs of the costs application.
Legal Topics
['indemnity Costs' 'ordinary Basis Costs' 'winding Up' 'provisional Liquidator' 'shareholder Dispute']
['costs' 'corporations Law'] ['indemnity Costs' 'ordinary Basis Costs' 'winding Up' 'provisional Liquidator' 'shareholder Dispute']

Case Brief

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Procedural Posture

Costs Application in Corporations Winding Up and Provisional Liquidator Proceedings / Determined on the Papers After Appointment of a Provisional Liquidator and Liquidator

Legal Issues

  1. 1 ["Whether the Second Defendant should pay the Plaintiff's costs of the application for appointment of a provisional liquidator and the winding up application." 'Whether any costs order against the Second Defendant should be on an indemnity basis.' 'Whether there should be any order as to the costs of the costs application.']

Ratio Decidendi

The Second Defendant was ordered to pay the Plaintiff's costs on an ordinary basis from his joinder on 3 July 2020 to the appointment of a liquidator on 3 August 2020 because he put the Plaintiff to the costs of commencing the proceedings by not previously consenting to the appointment of a provisional liquidator or liquidator and could not avoid costs entirely by later not resisting the orders. Costs before joinder were not ordered against him, and indemnity costs were refused because there was nothing unreasonable in his conduct of the proceedings after joinder, when he consented to the appointment of a provisional liquidator and to the winding up order. Because the costs application...

Court Disposition

Second Defendant to pay the Plaintiff's costs of the proceedings on an ordinary basis from 3 July 2020 to 3 August 2020; no order as to the costs of the costs application.

Orders

  • ["The Second Defendant, Mr Blom, pay the Plaintiff's costs of the proceedings, on an ordinary basis, as agreed or as assessed from his joinder in the proceedings on 3 July 2020 to the date of appointment of a liquidator on 3 August 2020." 'There be no order as to the costs of this costs application.']