Paul's Retail Pty Ltd v Morgan [2009] NSWSC 1448

Paul's Retail Pty Ltd v Morgan [2009] NSWSC 1448

The defendant was successful on the central contested issues regarding whether reviews of remuneration should occur, thus he should have costs of and incidental to that part of the hearing, regardless of the ongoing nature of the proceedings.

Parties
First Plaintiff: Paul's Retail Pty Ltd; Second Plaintiff: Paul Andrew Dwyer; Defendant: John Maxwell Morgan
Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Corporations Proceeding / Costs Determination Following Interlocutory Judgment
Outcome
Plaintiffs to pay defendant's costs of and incidental to the hearing of matters determined by judgment of 13 November 2009.
Legal Topics
Costs, Administrator's Remuneration, Review of Remuneration, Reservation of Costs
Procedure Corporations Law Costs Administrator's Remuneration Review of Remuneration Reservation of Costs

Case Brief

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Parties

Paul's Retail Pty Ltd

First Plaintiff

Paul Andrew Dwyer

Second Plaintiff

John Maxwell Morgan

Defendant

Procedural Posture

Corporations Proceeding / Costs Determination Following Interlocutory Judgment

Legal Issues

  1. 1 Whether costs of determination on review of administrator's remuneration should be reserved, made costs in the cause, or awarded to the successful party
  2. 2 Effect of partial success in applications for review of remuneration on costs award

Ratio Decidendi

The defendant was successful on the central contested issues regarding whether reviews of remuneration should occur, thus he should have costs of and incidental to that part of the hearing, regardless of the ongoing nature of the proceedings.

Court Disposition

Plaintiffs to pay defendant's costs of and incidental to the hearing of matters determined by judgment of 13 November 2009.

Orders

  • Order that the plaintiffs pay the defendant's costs of and incidental to the hearing of the matters determined by the judgment of 13 November 2009.