Krupace Holdings Pty Limited v China Hotel Investments Pty Ltd [2018] NSWSC 276

Krupace Holdings Pty Limited v China Hotel Investments Pty Ltd [2018] NSWSC 276

Krupace altered the scope of argument during the hearing, requiring the matter to proceed on pleadings and effectively wasting the hearing. Conventional principles dictate the party causing an adjournment through change in the nature of the case pays the costs thrown away. Accordingly, Krupace is ordered to pay the costs of the second to seventh defendants for the wasted hearing and costs argument.

Jurisdiction
Australia
Judgment Date
07 March 2018
Procedural Posture
Commercial Dispute (costs Application) / Post Interlocutory, Costs Determination
Outcome
Costs awarded
Legal Topics
['costs' 'shareholder Disputes' 'russian Roulette Clause' 'shareholders Deed Amendment']
['equity' 'commercial Law'] ['costs' 'shareholder Disputes' 'russian Roulette Clause' 'shareholders Deed Amendment']

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

Commercial Dispute (costs Application) / Post Interlocutory, Costs Determination

Legal Issues

  1. 1 ['Whether plaintiff should pay costs for hearing wasted due to change in case approach' 'Whether plaintiff should pay costs of costs argument' 'Determination if amendment to shareholders deed was validly executed' 'Validity and legal effect of Russian Roulette Notice']

Ratio Decidendi

Krupace altered the scope of argument during the hearing, requiring the matter to proceed on pleadings and effectively wasting the hearing. Conventional principles dictate the party causing an adjournment through change in the nature of the case pays the costs thrown away. Accordingly, Krupace is ordered to pay the costs of the second to seventh defendants for the wasted hearing and costs argument.

Court Disposition

Costs awarded

Orders

  • ['Krupace Holdings Pty Limited to pay the costs of the second to seventh defendants of the hearing on 24 August 2017' 'Krupace Holdings Pty Limited to pay the costs of conducting the costs argument']