Rathner, in the matter of Toddler Kindy Gymbaroo Pty Ltd (no 2) [2022] FCA 683
In circumstances where the substantive matters in the proceeding have not been adjudicated on their merits due to the supervening execution of a deed of company arrangement, and there is no unreasonable conduct by any party, no order as to costs should be made.
- Jurisdiction
- Australia
- Judgment Date
- 10 June 2022
- Procedural Posture
- Corporations and Corporate Insolvency / Costs Determination Following Resolution of Proceedings by Deed of Company Arrangement, No Adjudication on the Merits
- Outcome
- No order as to costs
- Legal Topics
- ['application for Costs Where No Adjudication on Merits' 'effect of Deed of Company Arrangement on Proceedings' "reasonableness of Parties' Conduct in Costs Applications"]
Case Brief
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Procedural Posture
Corporations and Corporate Insolvency / Costs Determination Following Resolution of Proceedings by Deed of Company Arrangement, No Adjudication on the Merits
Legal Issues
- 1 ['Should there be an order as to costs where the substantive applications are rendered inutile by entry into a deed of company arrangement and there has been no adjudication on the merits?']
Ratio Decidendi
In circumstances where the substantive matters in the proceeding have not been adjudicated on their merits due to the supervening execution of a deed of company arrangement, and there is no unreasonable conduct by any party, no order as to costs should be made.
Court Disposition
No order as to costs
Orders
- ['There be no orders as to costs.']
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