Elan, in the matter of Guild Enterprises Australasia Pty Ltd v Cohen (No 2) [2020] FCA 854

The applicant, Mr Elan, having sought an indulgence of the Court, is not entitled to costs as there was no sufficient evidence that the defendants unnecessarily lengthened the proceeding.

Jurisdiction: Australia
Judgment Date: 17 June 2020
Procedural Posture: Application for Costs / Post Leave Application, Costs Determination
Outcome: Application for costs dismissed
Legal Topics: ['costs' 'management of Corporations by Bankrupts' "court's Discretion in Granting Costs"]

['corporations Law' 'civil Procedure'] ['costs' 'management of Corporations by Bankrupts' "court's Discretion in Granting Costs"]

Case Brief

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Procedural Posture

Application for Costs / Post Leave Application, Costs Determination

Legal Issues

1 ['Whether the applicant should be awarded costs after seeking indulgence from the court' 'Whether the defendants unnecessarily lengthened the proceeding']

Ratio Decidendi

The applicant, Mr Elan, having sought an indulgence of the Court, is not entitled to costs as there was no sufficient evidence that the defendants unnecessarily lengthened the proceeding.

Court Disposition

Application for costs dismissed

Orders

['There be no order for costs on the application filed 16 October 2019.']