In the matter of Wan Ze Property Development (Aust) Pty Limited (in liquidation) [2013] NSWSC 395

In the matter of Wan Ze Property Development (Aust) Pty Limited (in liquidation) [2013] NSWSC 395

The usual rule that costs follow the event applies, as there is no sufficient basis to depart from it; both the defendants and the company were necessary parties with different interests, but only one set of costs is allowed for the first defendant and its liquidator.

Jurisdiction
Australia
Judgment Date
19 April 2013
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
Plaintiffs to pay the defendants' costs as agreed or assessed.
Legal Topics
['costs' 'joinder of Parties' 'leave to Proceed Against Company in Liquidation']
['civil Procedure' 'corporations Law'] ['costs' 'joinder of Parties' 'leave to Proceed Against Company in Liquidation']

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Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether costs should follow the event under UCPR r 42.1' 'Whether an exception to the usual costs rule should apply due to any benefit already received by defendants' 'Whether only one set of costs should be allowed between the company and its liquidator']

Ratio Decidendi

The usual rule that costs follow the event applies, as there is no sufficient basis to depart from it; both the defendants and the company were necessary parties with different interests, but only one set of costs is allowed for the first defendant and its liquidator.

Court Disposition

Plaintiffs to pay the defendants' costs as agreed or assessed.

Orders

  • ['The Plaintiffs pay the costs of the defendants (on the basis that there be only one set of costs for the first defendant and its liquidator), including the joinder application heard on 10 December 2012, as agreed or as assessed.']