In the matter of A.C.N. 607 358 887 (formerly known as Carzapp Pty Ltd) (No 3) [2020] NSWSC 181

In the matter of A.C.N. 607 358 887 (formerly known as Carzapp Pty Ltd) (No 3) [2020] NSWSC 181

Despite submissions by the Administrators, the Court found no basis to depart from its earlier indication that costs should be apportioned 90% to Twinkledom and 10% to Busy Traveller, including costs owed to the Administrators, as Busy Traveller's involvement was minor.

Jurisdiction
Australia
Judgment Date
04 March 2020
Procedural Posture
Equity Corporations List / Final Orders (following Previous Judgments on Principal and Costs)
Outcome
Final orders made as foreshadowed in the Costs Judgment; costs apportioned as previously indicated.
Legal Topics
['apportionment of Costs' 'joint and Several Liability' 'set Off' 'costs Orders Between Multiple Plaintiffs and Defendants']
['costs'] ['apportionment of Costs' 'joint and Several Liability' 'set Off' 'costs Orders Between Multiple Plaintiffs and Defendants']

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Procedural Posture

Equity Corporations List / Final Orders (following Previous Judgments on Principal and Costs)

Legal Issues

  1. 1 ['Whether costs owed by plaintiffs to Administrators should be apportioned 90%/10% or be joint and several' 'Whether Busy Traveller played more than a minor role regarding the claim against the Administrators and so justified joint liability for costs' 'Whether the agreed apportionment between plaintiffs should affect inter partes costs orders']

Ratio Decidendi

Despite submissions by the Administrators, the Court found no basis to depart from its earlier indication that costs should be apportioned 90% to Twinkledom and 10% to Busy Traveller, including costs owed to the Administrators, as Busy Traveller's involvement was minor.

Court Disposition

Final orders made as foreshadowed in the Costs Judgment; costs apportioned as previously indicated.

Orders

  • ['Declare that the First Defendant is indebted to the First Plaintiff in the sum of $390,097.39.' 'Subject to prior orders, the Amended Statement of Claim is otherwise dismissed.' "The First Plaintiff is to pay 90% and the Second Plaintiff to pay 10% of the Fourth and Fifth Defendants' costs, on ordinary basis up to...