In the matter of Nutek Constructions Pty Ltd [2017] NSWSC 451

Both parties unreasonably continued proceedings after payment of judgment debt on 16 February 2017. Plaintiff entitled to costs only up to and including 20 February 2017; no order for costs thereafter, including for present application.

Jurisdiction: Australia
Judgment Date: 06 April 2017
Procedural Posture: Winding Up Application / Costs Determination After Dismissal
Outcome: Defendant ordered to pay plaintiff's costs on ordinary basis up to and including 20 February 2017; no order as to costs thereafter including present application.
Legal Topics: ['costs' 'statutory Demand' 'winding Up Proceedings']

['corporate Insolvency' 'civil Procedure'] ['costs' 'statutory Demand' 'winding Up Proceedings']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Winding Up Application / Costs Determination After Dismissal

Legal Issues

1 ['Appropriate orders for costs following dismissal of winding-up proceedings' 'Effect of payment of judgment debt into court on proceedings' 'Consequences for costs when unnecessary applications are pursued after payment']

Ratio Decidendi

Court Disposition

Defendant ordered to pay plaintiff's costs on ordinary basis up to and including 20 February 2017; no order as to costs thereafter including present application.

Orders

["Order that the defendant pay the plaintiff's costs of the proceedings on the ordinary basis up to and including 20 February 2017." 'No order as to costs of the present application for costs.']