In the matter of Australian Innovative Precast Pty Limited (in liquidation) [2015] NSWSC 203

In the matter of Australian Innovative Precast Pty Limited (in liquidation) [2015] NSWSC 203

The liquidator was not entitled to a costs order because the contempt application was doomed to fail: Mr De Oliveira had already produced the documents to the Court by facsimile before the required date, and reliance on an assumption that production would be inter partes was not sufficient ground to commence contempt proceedings. As Mr De Oliveira sought no order, there was no order as to costs.

Jurisdiction
Australia
Judgment Date
16 February 2015
Procedural Posture
Costs Application in Interlocutory Contempt Proceedings / Ex Tempore Decision After the Liquidator Consented to Dismissal of the Contempt Application
Outcome
No order as to costs; each party to bear their own costs of the interlocutory process filed 8 December 2014.
Legal Topics
['costs of Interlocutory Application' 'contempt Application for Alleged Breach of Undertaking' 'order for Production' 'public Examination' 'production of Documents to the Court']
['costs' 'corporations' 'contempt'] ['costs of Interlocutory Application' 'contempt Application for Alleged Breach of Undertaking' 'order for Production' 'public Examination' 'production of Documents to the Court']

Case Brief

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Procedural Posture

Costs Application in Interlocutory Contempt Proceedings / Ex Tempore Decision After the Liquidator Consented to Dismissal of the Contempt Application

Legal Issues

  1. 1 ['Whether the liquidator was entitled to a costs order after consenting to dismissal of an interlocutory application seeking that Mr De Oliveira be dealt with for contempt.' 'Whether the contempt application was doomed to fail because the documents had already been produced to the Court.']

Ratio Decidendi

The liquidator was not entitled to a costs order because the contempt application was doomed to fail: Mr De Oliveira had already produced the documents to the Court by facsimile before the required date, and reliance on an assumption that production would be inter partes was not sufficient ground to commence contempt proceedings. As Mr De Oliveira sought no order, there was no order as to costs.

Court Disposition

No order as to costs; each party to bear their own costs of the interlocutory process filed 8 December 2014.

Orders

  • ['Parties to bear their own costs.' 'No order as to costs, to the intent that each party bear their own costs of the interlocutory process filed 8 December 2014.']