Madden as Official Liquidator of Aquanaut Constructions Pty Ltd (In Liq) [2001] NSWSC 1051

Madden as Official Liquidator of Aquanaut Constructions Pty Ltd (In Liq) [2001] NSWSC 1051

Although the applicant was not wholly successful, there was substantial overlap in the issues and it was not feasible to apportion costs by issue. The general rule that costs follow the event applied, resulting in an order that the liquidator pay the applicant's costs.

Jurisdiction
Australia
Judgment Date
13 November 2001
Procedural Posture
Motion to Set Aside Order for Production / Costs Determination After Hearing on Notice of Motion
Outcome
Liquidator ordered to pay applicant's costs.
Legal Topics
['costs' 'orders for Production' 'interlocutory Proceedings' 'legal Professional Privilege']
['equity' 'civil Procedure'] ['costs' 'orders for Production' 'interlocutory Proceedings' 'legal Professional Privilege']

Case Brief

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Procedural Posture

Motion to Set Aside Order for Production / Costs Determination After Hearing on Notice of Motion

Legal Issues

  1. 1 ['Whether costs should depart from the general rule when applicant is only partly successful' 'Whether discrete issues warranted separate cost orders' 'Whether substantial overlap between issues justified applying general rule on costs']

Ratio Decidendi

Although the applicant was not wholly successful, there was substantial overlap in the issues and it was not feasible to apportion costs by issue. The general rule that costs follow the event applied, resulting in an order that the liquidator pay the applicant's costs.

Court Disposition

Liquidator ordered to pay applicant's costs.

Orders

  • ["Liquidator to pay Mr McConnell's costs of the notice of motion." "Further orders made by consent on other notices of motion, consistent with the rulings on Mr McConnell's notice."]