Kumarina Resources Ltd, in the matter of Kumarina Resources Ltd (No 2) [2013] FCA 723

The Objectors' contentions were obscure, without substance, provided no reasonable grounds for refusing approval of the Scheme, were not properly and reasonably advanced, and had an air of artificiality; therefore the plaintiff should not be required to pay the Objectors' costs.

Source-derived case information.

Jurisdiction: Australia
Judgment Date: 24 July 2013
Procedural Posture: Costs in Scheme of Arrangement Proceeding / Application by Objectors for Party/party Costs Determined on the Papers After Approval of the Scheme
Outcome: No order as to costs.
Legal Topics: ['scheme of Arrangement' "objectors' Costs" 'party/party Costs' 'corporations Act 2001 (cth) S 411']

['corporations Law' 'costs'] ['scheme of Arrangement' "objectors' Costs" 'party/party Costs' 'corporations Act 2001 (cth) S 411']

Source-derived case record

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Costs in Scheme of Arrangement Proceeding / Application by Objectors for Party/party Costs Determined on the Papers After Approval of the Scheme

Legal Issues

1 ['Whether the Objectors should have their party/party costs paid by the plaintiff scheme company.' "Whether the Objectors' objections to approval of the Scheme were properly and justifiably advanced or were obscure, without substance and artificial."]

Ratio Decidendi

Court Disposition

No order as to costs.

Orders

['There be no order as to costs.']

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