In the matter of Jabiru Satellite Limited (in liq) and NewSat Limited (in liq) [2022] NSWSC 639

In the matter of Jabiru Satellite Limited (in liq) and NewSat Limited (in liq) [2022] NSWSC 639

Although the Secured Lenders' intervention was appropriate, in their own commercial interests, and did not substantially lengthen the hearing, there was no special factor taking the matter outside the ordinary and expected course of events for a person heard under r 2.13 of the Supreme Court (Corporations) Rules 1999 (NSW). A costs order in favour of the Secured Lenders was therefore not warranted.

Jurisdiction
Australia
Judgment Date
23 May 2022
Procedural Posture
Costs Application in Equity Corporations List Proceedings Concerning an Application to Appoint a Special Purpose Liquidator / After Dismissal of the Application to Appoint a Special Purpose Liquidator; Non Parties Sought Costs
Outcome
No order as to costs.
Legal Topics
['party/party Costs' 'costs Orders Against Non Parties' 'appearance Under R 2.13 of the Supreme Court (corporations) Rules 1999 (nsw)' 'special Purpose Liquidator']
['costs' 'corporations'] ['party/party Costs' 'costs Orders Against Non Parties' 'appearance Under R 2.13 of the Supreme Court (corporations) Rules 1999 (nsw)' 'special Purpose Liquidator']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application in Equity Corporations List Proceedings Concerning an Application to Appoint a Special Purpose Liquidator / After Dismissal of the Application to Appoint a Special Purpose Liquidator; Non Parties Sought Costs

Legal Issues

  1. 1 ["Whether the Plaintiffs should pay the Secured Lenders' costs of opposing the application to appoint a special purpose liquidator where the Secured Lenders appeared as non-parties under r 2.13 of the Supreme Court (Corporations) Rules 1999 (NSW)." 'Whether special, unusual or exceptional circumstances existed to justify a costs order in favour of non-parties heard under r 2.13.']

Ratio Decidendi

Although the Secured Lenders' intervention was appropriate, in their own commercial interests, and did not substantially lengthen the hearing, there was no special factor taking the matter outside the ordinary and expected course of events for a person heard under r 2.13 of the Supreme Court (Corporations) Rules 1999 (NSW). A costs order in favour of the Secured Lenders was therefore not warranted.

Court Disposition

No order as to costs.

Orders

  • ['No order as to the costs of the application for the appointment of the special purpose liquidator.']