Violi v Livingstone (Liquidator), in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) (Costs) [2023] FCA 1564

Violi v Livingstone (Liquidator), in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) (Costs) [2023] FCA 1564

The liquidators were successful on the interlocutory application and were therefore entitled to their costs; because the application was reasonably complex and took an afternoon to hear, the appropriate lump sum was $15,000.00. The costs thrown away by non-attendance before the Registrar were not for Perram J to determine.

Jurisdiction
Australia
Judgment Date
08 December 2023
Procedural Posture
Costs Application in an Interlocutory Application Concerning an Examination Summons in a Corporations and Corporate Insolvency Matter / Determined on the Papers After Dismissal of the Interlocutory Application
Outcome
The Applicant was ordered to pay the Respondents' costs of the interlocutory application, assessed on a lump sum basis at $15,000.00; the Court did not determine the claimed costs thrown away by non-attendance before the Registrar.
Legal Topics
['costs of Interlocutory Application' 'lump Sum Costs Assessment' 'examination Summons' 'costs Thrown Away by Non Attendance at Examination']
['costs' 'corporations' 'corporate Insolvency'] ['costs of Interlocutory Application' 'lump Sum Costs Assessment' 'examination Summons' 'costs Thrown Away by Non Attendance at Examination']

Case Brief

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Procedural Posture

Costs Application in an Interlocutory Application Concerning an Examination Summons in a Corporations and Corporate Insolvency Matter / Determined on the Papers After Dismissal of the Interlocutory Application

Legal Issues

  1. 1 ['Whether the Respondents should receive their costs of the dismissed interlocutory application to set aside an examination summons.' 'Whether costs should be assessed on a lump sum basis and in what amount.' "Whether costs thrown away by Mr Violi's non-attendance before the Registrar on 19 October 2023 should be determined by the Court."]

Ratio Decidendi

The liquidators were successful on the interlocutory application and were therefore entitled to their costs; because the application was reasonably complex and took an afternoon to hear, the appropriate lump sum was $15,000.00. The costs thrown away by non-attendance before the Registrar were not for Perram J to determine.

Court Disposition

The Applicant was ordered to pay the Respondents' costs of the interlocutory application, assessed on a lump sum basis at $15,000.00; the Court did not determine the claimed costs thrown away by non-attendance before the Registrar.

Orders

  • ["The Applicant pay the Respondents' costs of the interlocutory application." 'Costs be assessed on a lump sum basis at $15,000.00.' 'The Respondents be at liberty to recover those costs from the Applicant from the date of these orders.']