In the matter of Hawkesbury House Pty Ltd (in liquidation) [2020] NSWSC 618

In the matter of Hawkesbury House Pty Ltd (in liquidation) [2020] NSWSC 618

As the merits of the Interlocutory Process were not determined and the parties resolved the matter by consent without substantive submissions or evidence, the Court concluded that it would not be appropriate to determine costs by reference to the merits and made no order as to costs for Mr Fahey's Interlocutory Process, so each party bears its own costs.

Jurisdiction
Australia
Judgment Date
22 May 2020
Procedural Posture
Corporations Interlocutory Costs Proceeding / Post Interlocutory Process, Determination of Costs
Outcome
No order as to costs for Mr Fahey's 12 February 2020 Interlocutory Process; each party to pay its own costs for that application. Respondents to pay the Liquidator's costs of the Liquidator's Interlocutory Process and costs of the April 2020 hearing forthwith.
Legal Topics
['costs' 'interlocutory Proceedings']
['equity' 'corporations Law'] ['costs' 'interlocutory Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations Interlocutory Costs Proceeding / Post Interlocutory Process, Determination of Costs

Legal Issues

  1. 1 ['Whether costs should be ordered where interlocutory application did not proceed on the merits' 'Whether there should be an order that costs be payable forthwith under Uniform Civil Procedure Rules 2005 (NSW), r 42.7(2)']

Ratio Decidendi

As the merits of the Interlocutory Process were not determined and the parties resolved the matter by consent without substantive submissions or evidence, the Court concluded that it would not be appropriate to determine costs by reference to the merits and made no order as to costs for Mr Fahey's Interlocutory Process, so each party bears its own costs.

Court Disposition

No order as to costs for Mr Fahey's 12 February 2020 Interlocutory Process; each party to pay its own costs for that application. Respondents to pay the Liquidator's costs of the Liquidator's Interlocutory Process and costs of the April 2020 hearing forthwith.

Orders

  • ["On 24 February 2020, both the Liquidator's Interlocutory Process (18 Dec 2019) and Mr Fahey's Interlocutory Process (12 Feb 2020) dismissed by consent." "Dr Fahey and Mr Fahey's application for costs of the Liquidator's Interlocutory Process dismissed." "Respondents to pay the Liquidator's costs of the...