Isles v Alpine Designer Homes Pty Ltd (Administrators Appointed) [2024] NSWSC 1379

Isles v Alpine Designer Homes Pty Ltd (Administrators Appointed) [2024] NSWSC 1379

The plaintiffs did not proceed with their application for leave under s 444E of the Corporations Act 2001 (Cth), and Alpine (funded by the insurer) incurred costs in resisting the application. There were no special circumstances to justify departure from the usual rule. The plaintiffs are to pay Alpine's costs of the motion of 10 July 2024.

Parties
First Plaintiff/applicant: Andrew Isles; Second Plaintiff/applicant: Victoria Isles; Defendant/respondent: Alpine Designer Homes Pty Ltd (Administrators Appointed)
Jurisdiction
Australia
Judgment Date
30 October 2024
Procedural Posture
Costs Dispute in Interlocutory Proceedings / Post Dismissal of Interlocutory Motion; Determination of Costs
Outcome
Plaintiffs to pay defendants' costs of the plaintiffs' Notice of Motion of 10 July 2024
Legal Topics
Costs, Interlocutory Proceedings
Civil Procedure Costs Interlocutory Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Andrew Isles

First Plaintiff/applicant

Victoria Isles

Second Plaintiff/applicant

Alpine Designer Homes Pty Ltd (Administrators Appointed)

Defendant/respondent

Procedural Posture

Costs Dispute in Interlocutory Proceedings / Post Dismissal of Interlocutory Motion; Determination of Costs

Legal Issues

  1. 1 Whether the plaintiffs should pay the defendant's costs of the plaintiff's Notice of Motion filed on 10 July 2024

Ratio Decidendi

The plaintiffs did not proceed with their application for leave under s 444E of the Corporations Act 2001 (Cth), and Alpine (funded by the insurer) incurred costs in resisting the application. There were no special circumstances to justify departure from the usual rule. The plaintiffs are to pay Alpine's costs of the motion of 10 July 2024.

Court Disposition

Plaintiffs to pay defendants' costs of the plaintiffs' Notice of Motion of 10 July 2024

Orders

  • Plaintiffs to pay defendants' costs of the plaintiffs' Notice of Motion of 10 July 2024