In the matter of Nimmitabel Waters Pty Ltd; In the matter of Jaridel Pty Ltd [2024] NSWSC 300

In the matter of Nimmitabel Waters Pty Ltd; In the matter of Jaridel Pty Ltd [2024] NSWSC 300

The applicants’ interlocutory processes were dismissed or abandoned, warranting costs orders. Quantifying costs by a gross sum (exclusive of GST and in accordance with practice-based discounts) is appropriate due to complexity and the applicant’s failure to challenge quantification with evidence. The power under s 98 Civil Procedure Act 2005 (NSW) has been validly exercised; further constitutional or policy objections do not preclude the orders. Respondents are entitled to the costs of both the dismissed applications and the quantification process.

Parties
Applicant on Interlocutory Processes Dated 4 December 2023: Ms Delmont Purcell; Respondent to Interlocutory Processes Dated 4 December 2023: Liquidator of Nimmitabel Waters Pty Ltd and Jaridel Pty Ltd; Respondent to Interlocutory Processes Dated 4 December 2023: Owners Corporation
Jurisdiction
Australia
Judgment Date
18 March 2024
Procedural Posture
Corporations – Interlocutory Applications Re Winding Up – Costs Quantification / Post Interlocutory, Quantification of Previously Ordered Gross Sum Costs
Outcome
Application for costs quantification by gross sum granted; respondents to bring in draft orders reflecting findings.
Legal Topics
Gross Sum Costs Orders, Winding Up, Costs Quantification, Interlocutory Applications
Corporations Law Civil Procedure Gross Sum Costs Orders Winding Up Costs Quantification Interlocutory Applications

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Parties

Ms Delmont Purcell

Applicant on Interlocutory Processes Dated 4 December 2023

Liquidator of Nimmitabel Waters Pty Ltd and Jaridel Pty Ltd

Respondent to Interlocutory Processes Dated 4 December 2023

Owners Corporation

Respondent to Interlocutory Processes Dated 4 December 2023

Procedural Posture

Corporations – Interlocutory Applications Re Winding Up – Costs Quantification / Post Interlocutory, Quantification of Previously Ordered Gross Sum Costs

Legal Issues

  1. 1 Whether gross sum costs orders against applicant should be quantified as claimed by respondents and paid as a condition of further applications
  2. 2 Whether anticipated costs of quantification application are recoverable within gross sum costs orders
  3. 3 Whether applicant’s constitutional and other objections prevent costs orders

Ratio Decidendi

The applicants’ interlocutory processes were dismissed or abandoned, warranting costs orders. Quantifying costs by a gross sum (exclusive of GST and in accordance with practice-based discounts) is appropriate due to complexity and the applicant’s failure to challenge quantification with evidence. The power under s 98 Civil Procedure Act 2005 (NSW) has been validly exercised; further constitutional or policy objections do not preclude the orders. Respondents are entitled to the costs of both the dismissed applications and the quantification process.

Court Disposition

Application for costs quantification by gross sum granted; respondents to bring in draft orders reflecting findings.

Orders

  • Liquidator and Owners Corporation to submit draft orders for costs quantified on gross sum basis (exclusive of GST, apportioned between NWPL and Jaridel matters) by 4pm on 19 March 2024; draft orders to be provided to applicant.
  • Applicant to pay the quantified costs as a condition of filing further applications.