In the matter of Moylan Investment Group Pty Ltd (in liquidation) [2015] NSWSC 353

In the matter of Moylan Investment Group Pty Ltd (in liquidation) [2015] NSWSC 353

Although the applicant achieved a significant but not complete reduction in the scope of the document categories, that result arose partly from practical case management and the respondent's acceptance of the Court's suggestions, while the applicant delayed filing its motions and required an indulgence to set aside the Registrar's order. The respondent's original categories were also wider than could be sustained and both sides contributed to wasted costs through excessive correspondence and delay. Because the Court could not realistically apportion responsibility, no order as to the costs of the notices of motion was appropriate, with each party to bear its own costs. The respondent...

Jurisdiction
Australia
Judgment Date
09 July 2015
Procedural Posture
Corporations List Winding Up Proceeding; Costs of Notices of Motion Concerning Orders for Production in Aid of a Liquidator's Examination / Decided on the Papers After the Notices of Motion Were Dealt With and Costs Submissions Were Made
Outcome
No order was made as to the costs of the two notices of motion, with the intent that the applicant and respondent pay their own costs; the respondent's costs of the notices of motion were ordered to be the liquidator's costs in the winding up.
Legal Topics
['orders for Production' "liquidator's Examination" 'winding Up' 'third Party Document Production' 'costs in the Winding Up']
['costs' 'corporations' 'civil Procedure'] ['orders for Production' "liquidator's Examination" 'winding Up' 'third Party Document Production' 'costs in the Winding Up']

Case Brief

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Procedural Posture

Corporations List Winding Up Proceeding; Costs of Notices of Motion Concerning Orders for Production in Aid of a Liquidator's Examination / Decided on the Papers After the Notices of Motion Were Dealt With and Costs Submissions Were Made

Legal Issues

  1. 1 ['What costs orders should be made in respect of the two notices of motion filed by the applicant on 5 November 2014.' "Whether the respondent's costs of the notices of motion should be costs in the winding up." "Whether any order should be made in these proceedings for the applicant's costs of producing documents."]

Ratio Decidendi

Although the applicant achieved a significant but not complete reduction in the scope of the document categories, that result arose partly from practical case management and the respondent's acceptance of the Court's suggestions, while the applicant delayed filing its motions and required an indulgence to set aside the Registrar's order. The respondent's original categories were also wider than could be sustained and both sides contributed to wasted costs through excessive correspondence and delay. Because the Court could not realistically apportion responsibility, no order as to the costs of the notices of motion was appropriate, with each party to bear its own costs. The respondent...

Court Disposition

No order was made as to the costs of the two notices of motion, with the intent that the applicant and respondent pay their own costs; the respondent's costs of the notices of motion were ordered to be the liquidator's costs in the winding up.

Orders

  • ['The Court makes no order concerning the payment of the costs of the two notices of motion filed by the applicant on 5 November 2014, with the intent that the applicant and the respondent will pay their own costs.' "Order that the respondent's costs of the notices of motion be the liquidator's costs in the winding...