One T Development Pty Ltd v Peter Krejci in his capacity as liquidator of ENA Development Pty Ltd (No 2) [2023] NSWCA 136

One T Development Pty Ltd v Peter Krejci in his capacity as liquidator of ENA Development Pty Ltd (No 2) [2023] NSWCA 136

The appellant's submissions did not explain the weeks spent attempting to assemble white folders to include basic documents which should have been included before the hearing of the appeal, and which when belatedly provided failed to include portions of evidence rejected or admitted only on a limited basis; therefore there was no reason to depart from the costs order made on 2 June 2023.

Jurisdiction
Australia
Judgment Date
20 June 2023
Procedural Posture
Application to Vary Costs Order in an Appeal / On the Papers After the Appeal Was Dismissed
Outcome
Application to vary order 1 made on 2 June 2023 refused.
Legal Topics
['application to Vary Costs Order' 'indemnity Costs' 'appeal Dismissed' 'on the Papers Determination']
['civil Procedure' 'costs'] ['application to Vary Costs Order' 'indemnity Costs' 'appeal Dismissed' 'on the Papers Determination']

Case Brief

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Procedural Posture

Application to Vary Costs Order in an Appeal / On the Papers After the Appeal Was Dismissed

Legal Issues

  1. 1 ['Whether order 1 made on 2 June 2023 should be varied so that costs after the hearing of the appeal are not on the indemnity basis.' "Whether the appellant's submissions provided any basis to depart from the costs order made on 2 June 2023."]

Ratio Decidendi

The appellant's submissions did not explain the weeks spent attempting to assemble white folders to include basic documents which should have been included before the hearing of the appeal, and which when belatedly provided failed to include portions of evidence rejected or admitted only on a limited basis; therefore there was no reason to depart from the costs order made on 2 June 2023.

Court Disposition

Application to vary order 1 made on 2 June 2023 refused.

Orders

  • ['The application to vary the costs order made on 2 June 2023 is refused.']