Warner v Hung, in the matter of Bellpac Pty Limited (Receivers and Managers Appointed) (In Liquidation) (No 4) [2012] FCA 1206

Warner v Hung, in the matter of Bellpac Pty Limited (Receivers and Managers Appointed) (In Liquidation) (No 4) [2012] FCA 1206

Liquidators and Bellpac were successful in their claim that Bellpac remained the beneficial owner of the convertible bonds and, as such, are entitled to their costs of the proceeding and relevant interlocutory applications from the main unsuccessful parties; there is no basis to depart from the standard rule that costs follow the event.

Jurisdiction
Australia
Judgment Date
02 November 2012
Procedural Posture
Civil / Post Trial, Costs Determination
Outcome
Costs allocated as between parties per final orders of the court. Liquidators and Bellpac to pay (a) costs of certain unsuccessful interlocutory applications, (b) reasonable costs of Gujarat, allocated as set out; defendants to pay plaintiffs’ costs as specified.
Legal Topics
['liquidation' 'convertible Bonds' 'joinder of Parties' 'costs']
['corporations Law' 'civil Procedure'] ['liquidation' 'convertible Bonds' 'joinder of Parties' 'costs']

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Procedural Posture

Civil / Post Trial, Costs Determination

Legal Issues

  1. 1 ['Who should bear the costs of the proceeding and specific interlocutory applications?' 'Was it proper to join particular parties?' 'Are costs to be awarded on the standard or indemnity basis?']

Ratio Decidendi

Liquidators and Bellpac were successful in their claim that Bellpac remained the beneficial owner of the convertible bonds and, as such, are entitled to their costs of the proceeding and relevant interlocutory applications from the main unsuccessful parties; there is no basis to depart from the standard rule that costs follow the event.

Court Disposition

Costs allocated as between parties per final orders of the court. Liquidators and Bellpac to pay (a) costs of certain unsuccessful interlocutory applications, (b) reasonable costs of Gujarat, allocated as set out; defendants to pay plaintiffs’ costs as specified.

Orders

  • ["The plaintiffs to pay the costs of the defendants and of Gujarat NRE Minerals Limited of the plaintiffs' interlocutory application filed on 10 February 2012, as amended." "The first and second defendants jointly and severally to pay the costs of the plaintiffs, of the third and fourth defendants, and of Gujarat of...