C2C Investments Pty Ltd, in the matter of C2C Investments Pty Ltd v Leigh [2011] FCA 307

C2C Investments Pty Ltd, in the matter of C2C Investments Pty Ltd v Leigh [2011] FCA 307

Because the first and second plaintiffs failed to pay the taxed costs within 30 days of demand, the proceedings were stayed in accordance with the prior consent order, and thus orders 2 and 3 made on 7 March 2011 were vacated.

Parties
First Plaintiff: C2C Investments Pty Ltd ACN 102 331 840; Second Plaintiff: Geoffrey Anthony Shannon; First Defendant: David John Leigh trading as PPB (Northern NSW) (a firm); Second Defendant: Registrar General of New South Wales
Jurisdiction
Australia
Judgment Date
28 March 2011
Procedural Posture
Civil / Interlocutory Application for Vacation of Orders and Costs
Outcome
orders 2 and 3 of 7 March 2011 vacated; first defendant awarded costs of the application; proceedings stayed pending payment of costs
Legal Topics
Costs, Stay of Proceedings, Vacation of Orders
Civil Procedure Costs Stay of Proceedings Vacation of Orders

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Parties

C2C Investments Pty Ltd ACN 102 331 840

First Plaintiff

Geoffrey Anthony Shannon

Second Plaintiff

David John Leigh trading as PPB (Northern NSW) (a firm)

First Defendant

Registrar General of New South Wales

Second Defendant

Procedural Posture

Civil / Interlocutory Application for Vacation of Orders and Costs

Legal Issues

  1. 1 Whether orders 2 and 3 made on 7 March 2011 should be vacated
  2. 2 Effect of non-payment of taxed costs on continuation of proceedings

Ratio Decidendi

Because the first and second plaintiffs failed to pay the taxed costs within 30 days of demand, the proceedings were stayed in accordance with the prior consent order, and thus orders 2 and 3 made on 7 March 2011 were vacated.

Court Disposition

orders 2 and 3 of 7 March 2011 vacated; first defendant awarded costs of the application; proceedings stayed pending payment of costs

Orders

  • Orders 2 and 3 made on 7 March 2011 be vacated.
  • The first plaintiff and the second plaintiff pay the first defendant's costs of and incidental to the appearance on 28 March 2011.