Generate Group Pty Ltd v Harris (Costs) [2023] FCA 1358

Generate Group Pty Ltd v Harris (Costs) [2023] FCA 1358

Generate's additional costs applications were refused as it was not just or appropriate to make non-party costs orders in its favour, particularly as the six original defendants had already been ordered to pay the plaintiffs' costs in NSD196/2023, the proceedings were not so intermingled as to justify a single costs order, and there was no good cause to depart from the usual rule that costs not be paid forthwith during ongoing litigation.

Jurisdiction
Australia
Judgment Date
03 November 2023
Procedural Posture
Costs Application (post Interlocutory Orders) / Post Interlocutory (determination of Costs Applications)
Outcome
Applications by Generate Group Pty Ltd for additional costs orders dismissed with costs; no lump sum or forthwith payment ordered.
Legal Topics
['costs' 'non Party Costs Orders' 'corporations Act S 477(2 B)' 'summary Dismissal' 'approval of Deed of Assignment']
['civil Procedure' 'corporate Insolvency'] ['costs' 'non Party Costs Orders' 'corporations Act S 477(2 B)' 'summary Dismissal' 'approval of Deed of Assignment']

Case Brief

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Procedural Posture

Costs Application (post Interlocutory Orders) / Post Interlocutory (determination of Costs Applications)

Legal Issues

  1. 1 ['Whether Generate Group Pty Ltd is entitled to additional costs orders as a non-party in NSD196/2023;' 'Whether costs should be paid forthwith contrary to r 40.13 of the Federal Court Rules 2011;' 'Whether a lump sum costs order is appropriate in the circumstances;' 'Whether the costs of two related proceedings should be covered by a single order.']

Ratio Decidendi

Generate's additional costs applications were refused as it was not just or appropriate to make non-party costs orders in its favour, particularly as the six original defendants had already been ordered to pay the plaintiffs' costs in NSD196/2023, the proceedings were not so intermingled as to justify a single costs order, and there was no good cause to depart from the usual rule that costs not be paid forthwith during ongoing litigation.

Court Disposition

Applications by Generate Group Pty Ltd for additional costs orders dismissed with costs; no lump sum or forthwith payment ordered.

Orders

  • ["NSD 1124/2022: The plaintiff's application for a lump sum costs order payable forthwith be dismissed, with costs." "NSD 196/2023: Generate Group Pty Ltd's application for costs against the interested persons be dismissed with costs."]