KATION PTY LTD v LAMRU PTY LTD; LEWIS v NORTEX PTY LTD (In liq) [NO 4] [2010] NSWCA 102

KATION PTY LTD v LAMRU PTY LTD; LEWIS v NORTEX PTY LTD (In liq) [NO 4] [2010] NSWCA 102

The original orders as to costs (6) and (11) requiring partial payment by the liquidator of Lamru's costs should stand, as the trial judge's and appellate court's costs apportionment fairly reflected the degree of success and responsibilities; no further variation was warranted upon submissions.

Jurisdiction
Australia
Judgment Date
10 May 2010
Procedural Posture
Appeal / Consequential Orders Following Appeal Judgment and Cross Appeal
Outcome
Orders (6) and (11) to be entered forthwith; no order as to costs of further submissions.
Legal Topics
['costs Apportionment' 'liquidator Costs Liability' 'costs on Appeal']
['civil Procedure' 'costs'] ['costs Apportionment' 'liquidator Costs Liability' 'costs on Appeal']

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

Appeal / Consequential Orders Following Appeal Judgment and Cross Appeal

Legal Issues

  1. 1 ['Whether orders (6) and (11) as to costs require variation following further submissions' 'Proportionate responsibility for costs between liquidator and parties in unit trust litigation' "Whether Lamru's further costs applications should be entertained"]

Ratio Decidendi

The original orders as to costs (6) and (11) requiring partial payment by the liquidator of Lamru's costs should stand, as the trial judge's and appellate court's costs apportionment fairly reflected the degree of success and responsibilities; no further variation was warranted upon submissions.

Court Disposition

Orders (6) and (11) to be entered forthwith; no order as to costs of further submissions.

Orders

  • ['Direct that orders (6) and (11) be entered forthwith.' 'No order as to the costs associated with the further submissions filed pursuant to order (3) made on 21 December 2009.']