Grocon Constructors Pty Ltd v Kimberley Securities Ltd [2009] NSWSC 691

Grocon Constructors Pty Ltd v Kimberley Securities Ltd [2009] NSWSC 691

BIGC's participation did not amount to a 'very special factor' justifying a costs order in its favour; its contributions were not significant enough to warrant exceptional treatment under rule 2.13.

Jurisdiction
Australia
Judgment Date
23 July 2009
Procedural Posture
Corporations List Application (consequential Orders) / Costs Determination Following Substantive Judgments
Outcome
No order as to costs; each party to bear his or its own costs.
Legal Topics
['costs' 'non Party Participation' 'corporations Proceedings']
['procedure' 'corporations Law'] ['costs' 'non Party Participation' 'corporations Proceedings']

Case Brief

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Procedural Posture

Corporations List Application (consequential Orders) / Costs Determination Following Substantive Judgments

Legal Issues

  1. 1 ['Whether non-party granted leave to be heard should receive a costs order' 'Application of rule 2.13 of the Supreme Court (Corporations) Rules 1999 regarding costs for non-parties']

Ratio Decidendi

BIGC's participation did not amount to a 'very special factor' justifying a costs order in its favour; its contributions were not significant enough to warrant exceptional treatment under rule 2.13.

Court Disposition

No order as to costs; each party to bear his or its own costs.

Orders

  • ["No order as to costs. Each party shall bear its own costs. No costs order for Building Insurers' Guarantee Corporation."]