Violi v Livingstone (Liquidator), in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) (Costs)

[2023] FCA 1564

FEDERAL COURT OF AUSTRALIA

Violi v Livingstone (Liquidator), in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) (Costs) [2023] FCA 1564

File number(s):	NSD 35 of 2023
Judgment of:	PERRAM J
Date of judgment:	8 December 2023
Catchwords:	COSTS – where application to have examination summons set aside was dismissed – where liquidators seek costs thrown away due to Applicant’s non-attendance at examination
Cases cited:	Violi v Livingstone (Liquidator), in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) [2023] FCA 1363
Division:	General Division
Registry:	New South Wales
National Practice Area:	Commercial and Corporations
Sub-area:	Corporations and Corporate Insolvency
Number of paragraphs:	1
Date of last submission/s:	1 December 2023
Date of hearing:	Determined on the papers
Counsel for the Applicant:	Mr D A Priestley SC and Ms C Trahanas
Solicitor for the Applicant:	Mayweathers
Counsel for the Respondents:	Mr H Somerville and Mr D Meyerowitz-Katz
Solicitor for the Respondents:	William James

ORDERS

NSD 35 of 2023

IN THE MATTER OF SURIA GLOBAL (L) PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION)

GLENN IAN LIVINGSTONE AND SCOTT DARREN PASCOE IN THEIR CAPACITY AS JOINT AND SEVERAL LIQUIDATORS OF SURIA GLOBAL (L) PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) ACN 637 558 117

Plaintiffs

IN THE INTERLOCUTORY APPLICATION:

BETWEEN:

FRANK PAUL VIOLI

Applicant

AND:

GLENN IAN LIVINGSTONE AND SCOTT DARREN PASCOE IN THEIR CAPACITY AS JOINT AND SEVERAL LIQUIDATORS OF SURIA GLOBAL (L) PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) ACN 637 558 117

Respondents

ORDER MADE BY:	PERRAM J
DATE OF ORDER:	8 DECEMBER 2023

THE COURT ORDERS THAT:

1.The Applicant pay the Respondents’ costs of the interlocutory application.

2.Costs be assessed on a lump sum basis at $15,000.00

3.The Respondents be at liberty to recover those costs from the Applicant from the date of these orders.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

PERRAM J:

1. On 3 November 2023 I dismissed Mr Violi’s interlocutory application to set aside an examination summons: Violi v Livingstone (Liquidator), in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) [2023] FCA 1363. The liquidators seek their costs of the interlocutory application which they should have since they were successful. They also seek their costs thrown away by reason of Mr Violi’s non-attendance before the Registrar on 19 October 2023. That is not a question for me. That is a question for the Registrar conducting the examination. The parties agree that the costs of the application should be assessed on a lump sum basis but disagree on the amount of the lump sum. The liquidators seek $30,081.00 but Mr Violi would prefer $6,811.00. The application was a reasonably complex one which took the afternoon to hear. I will fix the amount at $15,000.00. Given that there is no principal proceeding apart from the examinations it seems likely that the liquidators are entitled to have their costs paid without any further order. However, to the extent necessary, I will indicate that the liquidators should be entitled to recover their costs from Mr Violi at this stage. The orders will be that Mr Violi pay the liquidators’ costs of his interlocutory application, that those costs be assessed on a lump sum basis at $15,000.00 and that the liquidators be at liberty to recover those costs from Mr Violi from the date of these orders.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment of the Honourable Justice Perram.

Associate:

Dated:       8 December 2023