Crisp v ACN 069 859 585 Pty Ltd (formerly known as Waterman Collections Pty Ltd) (No 2) [2011] FCA 422

Crisp v ACN 069 859 585 Pty Ltd (formerly known as Waterman Collections Pty Ltd) (No 2) [2011] FCA 422

The Court refused the application to vacate the earlier costs order, holding that it would be contrary to common sense and would set a dangerous precedent to award costs where a party pressed an argument despite knowing it was unsound.

Jurisdiction
Australia
Judgment Date
28 April 2011
Procedural Posture
Application in Liquidation / Costs Application Post Substantive Ruling
Outcome
Application to vacate the costs order refused.
Legal Topics
["liquidator's Remuneration" 'standing Under Corporations Act 2001 (cth) S 511' 'costs' 'adversarial Process']
['corporate Insolvency' 'civil Procedure'] ["liquidator's Remuneration" 'standing Under Corporations Act 2001 (cth) S 511' 'costs' 'adversarial Process']

Case Brief

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Procedural Posture

Application in Liquidation / Costs Application Post Substantive Ruling

Legal Issues

  1. 1 ['Whether Insurance Australia Limited is entitled to costs of its unsuccessful jurisdictional argument' 'Applicability of costs-follow-the-event rule where the argument pressed was known to be unsound']

Ratio Decidendi

The Court refused the application to vacate the earlier costs order, holding that it would be contrary to common sense and would set a dangerous precedent to award costs where a party pressed an argument despite knowing it was unsound.

Court Disposition

Application to vacate the costs order refused.

Orders

  • ['The application to vacate the costs order made on 8 December 2010 is refused.']