Lewis, in the matter of Gallop International Group Pty Ltd (In Liq) (No 2) [2021] FCA 7

Lewis, in the matter of Gallop International Group Pty Ltd (In Liq) (No 2) [2021] FCA 7

There should be no order as to costs because the Interlocutory application was to be viewed as one application: although the applicants succeeded in obtaining production of the Renfrey affidavit at an intermediate stage, they then did not pursue the remaining relief and the respondent's costs entitlement from that abandonment set off any costs entitlement arising from the applicants' intermediate success.

Jurisdiction
Australia
Judgment Date
18 January 2021
Procedural Posture
Interlocutory Application for Costs in a Corporations and Corporate Insolvency Matter / Costs Determination on the Papers After the Interlocutory Application Filed on 23 July 2020 Was Otherwise Dismissed by Consent
Outcome
No order as to costs with respect to the Interlocutory application dated 23 July 2020.
Legal Topics
['costs of Interlocutory Application' 'production of Evidence Relied on for Ex Parte Orders' "review and Discharge of Registrar's Orders" 'examinable Affairs of a Company Being Wound Up in Insolvency' 'insurance Documents']
['corporations' 'corporate Insolvency' 'civil Procedure' 'costs'] ['costs of Interlocutory Application' 'production of Evidence Relied on for Ex Parte Orders' "review and Discharge of Registrar's Orders" 'examinable Affairs of a Company Being Wound Up in Insolvency' 'insurance Documents']

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Procedural Posture

Interlocutory Application for Costs in a Corporations and Corporate Insolvency Matter / Costs Determination on the Papers After the Interlocutory Application Filed on 23 July 2020 Was Otherwise Dismissed by Consent

Legal Issues

  1. 1 ['Whether the applicants should receive the costs of the Interlocutory application filed on 23 July 2020 after succeeding in obtaining production of the Renfrey affidavit but then not pursuing the remaining relief.' "Whether the proper costs order was no order as to costs because the applicants' intermediate success was set off by their abandonment of the balance of the application." 'Whether insurance cover that might be applicable in respect of a chose in action falls within the examinable affairs of a company being wound up in insolvency.']

Ratio Decidendi

There should be no order as to costs because the Interlocutory application was to be viewed as one application: although the applicants succeeded in obtaining production of the Renfrey affidavit at an intermediate stage, they then did not pursue the remaining relief and the respondent's costs entitlement from that abandonment set off any costs entitlement arising from the applicants' intermediate success.

Court Disposition

No order as to costs with respect to the Interlocutory application dated 23 July 2020.

Orders

  • ['There be no order as to costs with respect to the Interlocutory application dated 23 July 2020.']