In the matter of Australian International Yacht Club Limited [2021] NSWSC 18

In the matter of Australian International Yacht Club Limited [2021] NSWSC 18

Because Ms Lin was unsuccessful on the discrete application to join Mr Junn and obtain a freezing order against him, costs should follow the event for that application. The s 237 derivative leave application should be Ms Lin's costs in the cause, consistently with authority treating such costs in that way. Other issues either were not determined on the merits, were unopposed and took little time, or produced mixed results, so no further costs orders were warranted.

Jurisdiction
Australia
Judgment Date
20 January 2021
Procedural Posture
Costs; Equity Corporations List / Costs Determination on the Papers Following Applications Heard on 16 November and 11 December 2020
Outcome
The Court made limited costs orders: the Plaintiff must pay the costs of the unsuccessful application to join Mr Junn and obtain a freezing order against him; the s 237 application costs are the Plaintiff's costs in the cause; otherwise there is no costs order for the applications heard on 16 November and 11...
Legal Topics
['costs of Interlocutory Applications' 'costs Following the Event' 'derivative Proceedings Under S 237 of the Corporations Act 2001 (cth)' 'amendment Application' 'joinder Application' 'freezing Order']
['costs' 'corporations Law' 'civil Procedure'] ['costs of Interlocutory Applications' 'costs Following the Event' 'derivative Proceedings Under S 237 of the Corporations Act 2001 (cth)' 'amendment Application' 'joinder Application' 'freezing Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs; Equity Corporations List / Costs Determination on the Papers Following Applications Heard on 16 November and 11 December 2020

Legal Issues

  1. 1 ["What costs orders should be made for the Plaintiff's unsuccessful application to join Mr Junn and obtain a freezing order against him." "What costs order should be made for the Plaintiff's application for leave under s 237 of the Corporations Act 2001 (Cth)." 'Whether any costs orders should be made for the document access issue, substituted service application, and amendment application given their outcomes.']

Ratio Decidendi

Because Ms Lin was unsuccessful on the discrete application to join Mr Junn and obtain a freezing order against him, costs should follow the event for that application. The s 237 derivative leave application should be Ms Lin's costs in the cause, consistently with authority treating such costs in that way. Other issues either were not determined on the merits, were unopposed and took little time, or produced mixed results, so no further costs orders were warranted.

Court Disposition

The Court made limited costs orders: the Plaintiff must pay the costs of the unsuccessful application to join Mr Junn and obtain a freezing order against him; the s 237 application costs are the Plaintiff's costs in the cause; otherwise there is no costs order for the applications heard on 16 November and 11...

Orders

  • ['The Plaintiff pay the costs of and incidental to her application to join Mr Junn as party to the proceedings and for a freezing order against him heard on 16 November 2020, as agreed or as assessed.' "The costs of the Plaintiff's application under s 237 of the Corporations Act be the Plaintiff's costs in the...