Cribb (Liquidator) v Jackson [2019] FCA 1632

Cribb (Liquidator) v Jackson [2019] FCA 1632

The intention behind the original costs order was that payment should follow determination of the main action rather than operate forthwith. The interlocutory costs orders, being subject to variation, should be amended to effectuate that intention, preventing enforcement prior to the main proceeding's outcome.

Jurisdiction
Australia
Judgment Date
02 October 2019
Procedural Posture
Corporate Insolvency Claim and Cross Claim / Interlocutory Application to Vary Costs Order
Outcome
Application to vary costs order granted
Legal Topics
['time for Payment of Costs' 'variation of Interlocutory Orders' 'discontinuance of Cross Claim' 'liquidator Duties' 'director Duties']
['practice and Procedure' 'corporations Law'] ['time for Payment of Costs' 'variation of Interlocutory Orders' 'discontinuance of Cross Claim' 'liquidator Duties' 'director Duties']

Case Brief

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Procedural Posture

Corporate Insolvency Claim and Cross Claim / Interlocutory Application to Vary Costs Order

Legal Issues

  1. 1 ["Whether the previous costs order made upon discontinuance of the defendant's cross-claim should be varied so that costs are payable only upon determination of the application in the main proceeding"]

Ratio Decidendi

The intention behind the original costs order was that payment should follow determination of the main action rather than operate forthwith. The interlocutory costs orders, being subject to variation, should be amended to effectuate that intention, preventing enforcement prior to the main proceeding's outcome.

Court Disposition

Application to vary costs order granted

Orders

  • ['The costs order of 21 March 2019 is varied so that payment of costs is to occur upon determination of the application in WAD153/2018.' 'Case management hearing adjourned to 9.15 am on 16 October 2019.']