CKM (Mortgages) Limited v Real Property Group Pty Limited (In Liquidation) [2011] FCA 332

CKM (Mortgages) Limited v Real Property Group Pty Limited (In Liquidation) [2011] FCA 332

It was not necessary for Mr Gedeon to have been joined as a defendant in the proceeding, and joining him solely for the purpose of obtaining a costs order was not a sufficient justification. Accordingly, it is inappropriate to make any order for the costs of the proceeding against him.

Jurisdiction
Australia
Judgment Date
24 February 2011
Procedural Posture
Application to Defer Company Deregistration and for Costs / Post Hearing Decision on Costs
Outcome
No order as to costs of the proceeding except as to one aspect of the costs argument.
Legal Topics
['company Deregistration' 'costs Orders' 'liquidation' 'joinder of Parties']
['corporations Law' 'civil Procedure'] ['company Deregistration' 'costs Orders' 'liquidation' 'joinder of Parties']

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Procedural Posture

Application to Defer Company Deregistration and for Costs / Post Hearing Decision on Costs

Legal Issues

  1. 1 ["Whether third defendant (Mr Gedeon) should pay the plaintiff's costs of the proceeding to defer deregistration of the company" 'Necessity and justification for joinder of Mr Gedeon as a defendant']

Ratio Decidendi

It was not necessary for Mr Gedeon to have been joined as a defendant in the proceeding, and joining him solely for the purpose of obtaining a costs order was not a sufficient justification. Accordingly, it is inappropriate to make any order for the costs of the proceeding against him.

Court Disposition

No order as to costs of the proceeding except as to one aspect of the costs argument.

Orders

  • ["The plaintiff pay the third defendant's costs of the argument as to costs incurred after 10 February 2011." 'There be no other order as to the costs of the proceeding.']