Hu v PS Securities Pty Ltd as trustee of the Joseph Family Trust & anor [2011] NSWSC 362

Hu v PS Securities Pty Ltd as trustee of the Joseph Family Trust & anor [2011] NSWSC 362

Given the mixed outcome and the circumstances leading to the applications, Ms Hu should pay the liquidators' (second defendant's) costs of the day's hearing on 25 March 2011 on a party/party basis, such costs to be assessed and payable forthwith. There is no order as to other costs; PS Securities and the plaintiff each bear their own costs of the respective applications. Indemnity costs are not justified.

Jurisdiction
Australia
Judgment Date
03 May 2011
Procedural Posture
Costs Determination Following Interlocutory Applications / Post Interlocutory Applications, Costs Orders
Outcome
Costs orders made in favour of second defendant only
Legal Topics
['costs' 'derivative Proceedings' 'strike Out Applications' 'corporations in Liquidation']
['civil Procedure'] ['costs' 'derivative Proceedings' 'strike Out Applications' 'corporations in Liquidation']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs Determination Following Interlocutory Applications / Post Interlocutory Applications, Costs Orders

Legal Issues

  1. 1 ["Whether and to what extent the plaintiff should pay the defendants' costs of interlocutory applications, including application for leave to bring derivative proceedings and strike out application; whether costs should be on an indemnity basis; assessment of the appropriate party to bear costs having regard to success/failure of applications"]

Ratio Decidendi

Given the mixed outcome and the circumstances leading to the applications, Ms Hu should pay the liquidators' (second defendant's) costs of the day's hearing on 25 March 2011 on a party/party basis, such costs to be assessed and payable forthwith. There is no order as to other costs; PS Securities and the plaintiff each bear their own costs of the respective applications. Indemnity costs are not justified.

Court Disposition

Costs orders made in favour of second defendant only

Orders

  • ["Ms Hu is to pay the liquidators' (second defendant's) costs of the day's hearing on 25 March 2011 on a party/party basis, such costs to be assessed and payable forthwith." "There be no other order as to the costs either of the plaintiff's Interlocutory Process filed 14 January 2011 and amended 28 February 2011 or...