ASIC v Rangwala and Go Markets Pty Ltd (Costs) [2014] NSWSC 1092

ASIC v Rangwala and Go Markets Pty Ltd (Costs) [2014] NSWSC 1092

Although the defendants had sought additional costs which were not awarded, a costs order was made in their favour contrary to ASIC's position that each party should bear its own costs. ASIC's position forced the defendants to incur the expense of bringing the application to recover costs to which they were found to be entitled, and the Court was not satisfied that costs should be apportioned.

Jurisdiction
Australia
Judgment Date
15 August 2014
Procedural Posture
Costs Application / Application for Costs of a Costs Application Heard on the Papers
Outcome
ASIC is to pay the defendants' costs of the costs application.
Legal Topics
['costs of a Costs Application' 'costs Follow the Event' 'apportionment of Costs' 'freezing Orders' 'travel Restraint Order Under S 1323 of the Corporations Act 2001 (cth)']
['costs' 'corporations'] ['costs of a Costs Application' 'costs Follow the Event' 'apportionment of Costs' 'freezing Orders' 'travel Restraint Order Under S 1323 of the Corporations Act 2001 (cth)']

Case Brief

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Procedural Posture

Costs Application / Application for Costs of a Costs Application Heard on the Papers

Legal Issues

  1. 1 ["Whether ASIC should pay the defendants' costs of and incidental to the costs application heard on 7 July 2014." 'Whether costs of the costs application should be apportioned because the defendants did not obtain all costs they sought in the earlier costs hearing.']

Ratio Decidendi

Although the defendants had sought additional costs which were not awarded, a costs order was made in their favour contrary to ASIC's position that each party should bear its own costs. ASIC's position forced the defendants to incur the expense of bringing the application to recover costs to which they were found to be entitled, and the Court was not satisfied that costs should be apportioned.

Court Disposition

ASIC is to pay the defendants' costs of the costs application.

Orders

  • ["ASIC pay the defendants' costs of the costs application."]