Knight v FP Special Assets Ltd [1992] HCA 28

Knight v FP Special Assets Ltd [1992] HCA 28

Order 91, rule 1 grants the Supreme Court of Queensland discretionary jurisdiction to order costs against non-parties, such as receivers, where those non-parties are the real instigators and participants in litigation; the jurisdiction is not limited to parties on the record. S. 58 of the Supreme Court Act 1867 is not the relevant source when comprehensive provision for costs is made by rules.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
['costs Orders Against Non Parties' 'receiver Liability for Costs' 'court Discretion in Costs' 'jurisdiction to Award Costs']
['civil Procedure' 'company Law'] ['costs Orders Against Non Parties' 'receiver Liability for Costs' 'court Discretion in Costs' 'jurisdiction to Award Costs']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Does the Supreme Court of Queensland have jurisdiction to make an order for costs against receivers who were not parties to the proceedings but who instituted, maintained or defended proceedings in the name of insolvent companies?' 'Is the source of jurisdiction s. 58 of the Supreme Court Act 1867 (Qld) or Order 91, rule 1 of the Rules of the Supreme Court?' 'Can costs be ordered against non-parties under the rules or statute, and under what circumstances?']

Ratio Decidendi

Order 91, rule 1 grants the Supreme Court of Queensland discretionary jurisdiction to order costs against non-parties, such as receivers, where those non-parties are the real instigators and participants in litigation; the jurisdiction is not limited to parties on the record. S. 58 of the Supreme Court Act 1867 is not the relevant source when comprehensive provision for costs is made by rules.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed with costs']