Lion Advantage Ltd v Haynes [2010] FCA 28

Lion Advantage Ltd v Haynes [2010] FCA 28

Leave to discontinue is granted on condition that the respondent pays the applicant’s costs of and incidental to the review application, including any reserved costs. The respondent's submissions did not justify any departure from the usual order for costs against the discontinuing party.

Source-derived case information.

Parties
Applicant: Lion Advantage Ltd (ACN 088 638 911); Respondent: Barry Haynes
Jurisdiction
Australia
Judgment Date
02 February 2010
Procedural Posture
Corporations – Application to Set Aside Statutory Demand; Review of Registrar's Decision / Application for Leave to Discontinue Review of Registrar's Decision and Determination of Costs
Outcome
Leave granted to discontinue; respondent to pay applicant's costs.
Legal Topics
Statutory Demand, Setting Aside Statutory Demand, Review of Registrar’s Decision, Notice of Discontinuance, Costs
Corporations Law Civil Procedure Statutory Demand Setting Aside Statutory Demand Review of Registrar’s Decision Notice of Discontinuance Costs

Source-derived case record

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Parties

Lion Advantage Ltd (ACN 088 638 911)

Applicant

Barry Haynes

Respondent

Procedural Posture

Corporations – Application to Set Aside Statutory Demand; Review of Registrar's Decision / Application for Leave to Discontinue Review of Registrar's Decision and Determination of Costs

Legal Issues

  1. 1 Whether leave should be granted to discontinue the application for review of Registrar’s decision
  2. 2 Who should bear the costs of the discontinued proceeding

Ratio Decidendi

Leave to discontinue is granted on condition that the respondent pays the applicant’s costs of and incidental to the review application, including any reserved costs. The respondent's submissions did not justify any departure from the usual order for costs against the discontinuing party.

Court Disposition

Leave granted to discontinue; respondent to pay applicant's costs.

Orders

  • The respondent is given leave, nunc pro tunc, to file the Notice of Discontinuance filed on 14 December 2009.
  • The respondent pay the applicant's costs of and incidental to the application by the respondent filed on 14 August 2009 to review the decision of the Registrar, that the statutory demand served on the applicant on 27 April 2009 be set aside and that the respondent pay the applicant's costs of the proceeding.