Ajay Chand & Anor v Azurra Pty Ltd (In liq)

[2011] HCASL 112

AJAY CHAND & ANOR
v
AZURRA PTY LTD (In liq)
[2011] HCASL 112
S133/2011

1. The applicants are parties to a building dispute that was determined by the Consumer, Trader and Tenancy Tribunal.  They were ordered to pay a substantial sum to the respondent.  They appealed from this determination to the District Court of New South Wales.  Before their appeal was heard the respondent went into voluntary liquidation.  The applicants brought proceedings in the Equity Division of the Supreme Court seeking leave to proceed with their appeal against the respondent[1].  Austin J granted leave but directed that the applicants pay the liquidator's costs of the application. 

   [1]Corporations Act 2001 (Cth), s 500(2).

2. The applicants were granted leave on the papers to appeal against the costs order to the Court of Appeal.  The Court of Appeal dismissed the appeal, holding that error had not been demonstrated in the exercise of Austin J's discretion.  This was particularly so in circumstances in which the proceedings were in Equity's administrative jurisdiction and raised somewhat different considerations to those in contentious litigation.  The sum in issue is approximately $6,000.  Nothing in the applicants' prolix draft notice of appeal or written case calls into question the correctness of the Court of Appeal's conclusion. 

3. The application is dismissed.

4. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. 

J.D. Heydon
8 June 2011 V.M. Bell