Tugrul v Tarrants Financial Consulting Pty Limited ACN 086 674 179 [2014] NSWSC 1881

Tugrul v Tarrants Financial Consulting Pty Limited ACN 086 674 179 [2014] NSWSC 1881

Because the settlement meant the plaintiff would recover a substantial sum on account of its claim against the first defendant and it was no longer necessary or desirable to prosecute the claim against the insured, there was no basis for an order for costs in favour of the liquidator; accordingly it was appropriate to make an otherwise order under UCPR r 42.20 and dismiss the proceedings with no order as to costs.

Jurisdiction
Australia
Judgment Date
04 December 2014
Procedural Posture
Equity Division Corporations List Proceedings / Consent Disposition of Proceedings and Otherwise Order Under UCPR R42.20
Outcome
Otherwise ordered under UCPR r42.20; proceedings dismissed with no order as to costs.
Legal Topics
['settlement' 'costs' 'dismissal of Proceedings' 'otherwise Order Under UCPR R 42.20']
['civil Procedure' 'corporations'] ['settlement' 'costs' 'dismissal of Proceedings' 'otherwise Order Under UCPR R 42.20']

Case Brief

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Procedural Posture

Equity Division Corporations List Proceedings / Consent Disposition of Proceedings and Otherwise Order Under UCPR R42.20

Legal Issues

  1. 1 ["Whether the Court should make an otherwise order for the purposes of Uniform Civil Procedure Rules, Part 42, r 20 disposing of the proceedings with no order as to costs despite the first defendant's liquidator asserting costs and fees."]

Ratio Decidendi

Because the settlement meant the plaintiff would recover a substantial sum on account of its claim against the first defendant and it was no longer necessary or desirable to prosecute the claim against the insured, there was no basis for an order for costs in favour of the liquidator; accordingly it was appropriate to make an otherwise order under UCPR r 42.20 and dismiss the proceedings with no order as to costs.

Court Disposition

Otherwise ordered under UCPR r42.20; proceedings dismissed with no order as to costs.

Orders

  • ['All outstanding notices of motion be dismissed.' 'All outstanding unpaid costs orders made in the proceedings be set aside.' 'The proceedings be dismissed.' 'There be no order as to costs to the intent that each party bear its own costs.' 'The court notes that these orders are made with the consent of the...