In the matter of Ji Woo International Education Centre Pty Ltd [2019] NSWSC 338

In the matter of Ji Woo International Education Centre Pty Ltd [2019] NSWSC 338

It is appropriate to order the Applicants to pay the liquidator’s costs of and incidental to their Interlocutory Process, as their unsuccessful application caused the liquidator to incur additional costs. However, insufficient clarity on specific cost claims prevents a fair gross sum costs order, so costs are to be as agreed or as assessed.

Jurisdiction
Australia
Judgment Date
29 March 2019
Procedural Posture
Interlocutory Application / Costs Determination Following Unsuccessful Application to Set Aside Examination Summonses
Outcome
Applicants ordered to pay the liquidator’s costs of and incidental to the hearing of their Interlocutory Process as agreed or as assessed; gross sum costs order not made.
Legal Topics
['costs' 'examination Summonses' 'non Party Costs Orders' 'gross Sum Costs Orders']
['equity' 'corporations Law'] ['costs' 'examination Summonses' 'non Party Costs Orders' 'gross Sum Costs Orders']

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Procedural Posture

Interlocutory Application / Costs Determination Following Unsuccessful Application to Set Aside Examination Summonses

Legal Issues

  1. 1 ["Whether the Applicants should be ordered to pay the liquidator's costs incurred due to their intervention under r 2.13(2) of the Supreme Court (Corporations) Rules 1999 (NSW)" 'Whether a gross sum costs order should be made under s 98(4)(c) of the Civil Procedure Act 2005 (NSW)']

Ratio Decidendi

It is appropriate to order the Applicants to pay the liquidator’s costs of and incidental to their Interlocutory Process, as their unsuccessful application caused the liquidator to incur additional costs. However, insufficient clarity on specific cost claims prevents a fair gross sum costs order, so costs are to be as agreed or as assessed.

Court Disposition

Applicants ordered to pay the liquidator’s costs of and incidental to the hearing of their Interlocutory Process as agreed or as assessed; gross sum costs order not made.

Orders

  • ['Applicants pay the costs of and incidental to the hearing of the Interlocutory Process filed on 13 December 2018, as agreed or as assessed.' 'No order as to costs of the gross sum costs application.']