Preston, in the matter of Sandalwood Properties Ltd (No 2) [2018] FCA 816

Because the proceedings were adversarial in nature, with SGCL advancing the interests of Growers and contesting the Receivers' entitlement to directions, the ordinary rule that costs follow the event is to be applied. Therefore, the unsuccessful party (SGCL) should pay the costs of the Receivers.

Jurisdiction: Australia
Judgment Date: 01 June 2018
Procedural Posture: Application for Judicial Advice by Receivers / Costs Ruling After Judgment on Application for Directions
Outcome: Costs ordered against the intervener. SGCL to pay the plaintiff's costs assessed in the amount of $66,532.80 plus GST.
Legal Topics: ['judicial Advice to Receivers' 'costs Orders' 'adversarial Litigation' 'liquidation and Receivership Procedures']

['corporations Law' 'insolvency Law' 'civil Procedure'] ['judicial Advice to Receivers' 'costs Orders' 'adversarial Litigation' 'liquidation and Receivership Procedures']

Case Brief

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Procedural Posture

Application for Judicial Advice by Receivers / Costs Ruling After Judgment on Application for Directions

Legal Issues

1 ['What are the appropriate principles for costs awarded on an application for judicial advice by receivers where an intervener opposed the application?' 'Was the intervention adversarial in nature, warranting costs following the event?' 'Should the costs be paid out of the receivership or by the unsuccessful intervener?']

Ratio Decidendi

Court Disposition

Costs ordered against the intervener. SGCL to pay the plaintiff's costs assessed in the amount of $66,532.80 plus GST.

Orders

["The intervener (SGCL) do pay the plaintiff's costs assessed in the amount of $66,532.80 plus GST."]