Bevillesta Pty Ltd v D Tannous No 2 Pty Ltd [2010] NSWCA 277

Bevillesta Pty Ltd v D Tannous No 2 Pty Ltd [2010] NSWCA 277

The Court of Appeal found that, in light of the corporate respondents' unreasonable conduct resulting in an indemnity costs order, the primary judge erred in refusing to order that those costs be payable forthwith under the dictates of justice and the relevant rules. The appellant was entitled to have those costs payable forthwith against the corporate respondents.

Parties
Appellant: Bevillesta Pty Ltd; First Respondent: D Tannous No 2 Pty Ltd; Second Respondent: Gabriel Rahme; Third Respondent: J & J Rahme Pty Ltd
Jurisdiction
Australia
Judgment Date
27 October 2010
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
appeal allowed in relation to costs forthwith orders against corporate respondents
Legal Topics
Costs, Indemnity Costs, Interlocutory Orders, Leave to Appeal, Discretion as to Costs, Overriding Purpose, Expedition in Proceedings
Civil Procedure Corporations Law Costs Indemnity Costs Interlocutory Orders Leave to Appeal Discretion as to Costs Overriding Purpose +1 more

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Parties

Bevillesta Pty Ltd

Appellant

D Tannous No 2 Pty Ltd

First Respondent

Gabriel Rahme

Second Respondent

J & J Rahme Pty Ltd

Third Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 whether costs orders should be payable forthwith
  2. 2 whether unreasonable conduct warrants departure from ordinary rule on costs timing
  3. 3 effect of liquidation on procedural applications

Ratio Decidendi

The Court of Appeal found that, in light of the corporate respondents' unreasonable conduct resulting in an indemnity costs order, the primary judge erred in refusing to order that those costs be payable forthwith under the dictates of justice and the relevant rules. The appellant was entitled to have those costs payable forthwith against the corporate respondents.

Court Disposition

appeal allowed in relation to costs forthwith orders against corporate respondents

Orders

  • Leave to appeal granted in relation to primary judge's refusal to order costs recoverable forthwith against corporate respondents.
  • Appellant to file notice of appeal confined to fourth ground and those orders against corporate respondents.