INGHAMS ENTERPRISES PTY LTD v ANKA JOHNSON [NO 2] [1991] NSWCA 154

The notice given under s364(2)(a) of the Companies (NSW) Code was premature and unreasonable given the pending appeal and application for stay; accordingly, no order is made as to costs of the prior interlocutory proceedings, but the claimant is ordered to pay the opponent's costs of the present motion.

Parties: Opponent: Inghams Enterprises Pty Ltd; Claimant: Anka Johnson
Jurisdiction: Australia
Judgment Date: 08 July 1991
Procedural Posture: Civil / Costs Determination Post Appeal Interlocutory Motion
Outcome: No order as to costs of the proceedings before Clarke JA on 25 January 1990; claimant to pay opponent's costs of this motion.
Legal Topics: Notification Under S364(2)(a) Companies (nsw) Code, Premature Notice, Stay of Execution, Costs in Interlocutory Proceedings

Company Law Practice and Procedure Notification Under S364(2)(a) Companies (nsw) Code Premature Notice Stay of Execution Costs in Interlocutory Proceedings

Case Brief

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Parties

Inghams Enterprises Pty Ltd

Opponent

Anka Johnson

Claimant

Procedural Posture

Civil / Costs Determination Post Appeal Interlocutory Motion

Legal Issues

1 Whether notice under s364(2)(a) of the Companies (NSW) Code was premature or unnecessary
2 Who should bear the costs of proceedings before Clarke JA on 25 January 1990
3 Who should bear the costs of the current motion

Ratio Decidendi

Court Disposition

No order as to costs of the proceedings before Clarke JA on 25 January 1990; claimant to pay opponent's costs of this motion.

Orders

No order as to costs of proceedings before Clarke JA on 25 January 1990
Claimant to pay the opponent's costs of the present motion