In the matter of 82 - 84 Belmore Street Pty Ltd (in liquidation)

In the matter of 82-84 Belmore Street Pty Ltd, the respondent, who was in liquidation, applied to set aside or stay an examination summons and orders for production issued by the applicant. The respondent argued that the application should be dismissed on the basis that it was frivolous or vexatious. The case was heard in the Supreme Court of New South Wales. The primary legal issue before the court was whether the examination summons and orders for production should be set aside or stayed. The court was also required to decide if there was a reason to depart from the general rule that costs follow the event, and if so, whether the costs should be payable forthwith.

The court considered the respondent's argument that the application was frivolous or vexatious, and the applicant's submission that the respondent had no real prospect of success in resisting the application. The court found that the respondent's application was not frivolous or vexatious, and that there were circumstances that justified staying the examination summons and orders for production. The court held that the applicant had not demonstrated that the respondent had no real prospect of success in resisting the application, and that there were circumstances that warranted a stay of the examination summons and orders for production. The court further found that there was a reason to depart from the general rule that costs follow the event, and that the costs should be payable forthwith.

The court ordered that the examination summons and orders for production be stayed, and that the respondent's application for costs be dismissed. The court held that the applicant was to pay the respondent's costs of the application forthwith, and that the respondent was to pay the applicant's costs of any appeal from the decision. The court further ordered that the respondent was to pay the applicant's costs of the application on an indemnity basis if the respondent was unsuccessful in any appeal from the decision.