Mirembe Pty Ltd v Craig Dangar & ors (costs) [2010] NSWSC 679

Mirembe Pty Ltd v Craig Dangar & ors (costs) [2010] NSWSC 679

No costs order should be made between Mirembe and Mr Crouch because Mirembe obtained no relief against Mr Crouch, including the s 447A relief that necessitated his joinder, so he could not be characterised as an unsuccessful party; nor had he conducted himself so unreasonably as to justify a personal costs order against him.

Jurisdiction
Australia
Judgment Date
24 June 2010
Procedural Posture
Consequential Orders; Corporations Procedure Costs / Determination of What Costs Order, If Any, Should Be Made as Between the Plaintiff and the Fifth Defendant After the Earlier Costs Order Against the Fifth Defendant Was Set Aside
Outcome
No order as to costs as between the plaintiff and the fifth defendant, to the intent that each bear their own costs.
Legal Topics
['costs' 'deed Administrator' 'personal Costs Order' 'deed of Company Arrangement' 'corporations Act 2001 (cth) S 447 A']
['corporations' 'civil Procedure'] ['costs' 'deed Administrator' 'personal Costs Order' 'deed of Company Arrangement' 'corporations Act 2001 (cth) S 447 A']

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Procedural Posture

Consequential Orders; Corporations Procedure Costs / Determination of What Costs Order, If Any, Should Be Made as Between the Plaintiff and the Fifth Defendant After the Earlier Costs Order Against the Fifth Defendant Was Set Aside

Legal Issues

  1. 1 ['Whether a costs order should be made personally against the deed administrator' 'Whether the fifth defendant could be characterised as an unsuccessful party for costs purposes' "Whether the fifth defendant's conduct justified a personal costs order against him"]

Ratio Decidendi

No costs order should be made between Mirembe and Mr Crouch because Mirembe obtained no relief against Mr Crouch, including the s 447A relief that necessitated his joinder, so he could not be characterised as an unsuccessful party; nor had he conducted himself so unreasonably as to justify a personal costs order against him.

Court Disposition

No order as to costs as between the plaintiff and the fifth defendant, to the intent that each bear their own costs.

Orders

  • ['As between Mirembe and Mr Crouch there should be no order as to costs, to the intent that each bear their own costs.']