In the matter of Wonga Pastoral Development Co Pty Ltd [2023] NSWSC 259

In the matter of Wonga Pastoral Development Co Pty Ltd [2023] NSWSC 259

Where a proper contradictor intervenes in a derivative action and provides substantial assistance to the Court, costs will follow the event, and the unsuccessful plaintiff should pay those costs.

Jurisdiction
Australia
Judgment Date
23 March 2023
Procedural Posture
Statutory Derivative Action / Costs Application Following Unsuccessful Application for Leave to Bring Derivative Action
Outcome
Plaintiff to pay Second Defendant's costs up to and including 13 December 2022, plus any costs arising from Notice to Produce and subsequent costs application, as agreed or assessed.
Legal Topics
['derivative Proceedings' 'costs' 'intervention' 'corporations Governance']
['corporations Law' 'civil Procedure'] ['derivative Proceedings' 'costs' 'intervention' 'corporations Governance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

Statutory Derivative Action / Costs Application Following Unsuccessful Application for Leave to Bring Derivative Action

Legal Issues

  1. 1 ['Whether costs should be ordered against plaintiff in unsuccessful application for leave to bring derivative action' 'Whether intervenor (Second Defendant) is entitled to costs' 'Application of rule that costs follow the event']

Ratio Decidendi

Where a proper contradictor intervenes in a derivative action and provides substantial assistance to the Court, costs will follow the event, and the unsuccessful plaintiff should pay those costs.

Court Disposition

Plaintiff to pay Second Defendant's costs up to and including 13 December 2022, plus any costs arising from Notice to Produce and subsequent costs application, as agreed or assessed.

Orders

  • ["Plaintiff pay Second Defendant's costs of the proceedings up to and including 13 December 2022." "Plaintiff pay Second Defendant's costs incurred thereafter arising out of or in relation to Plaintiff's Notice to Produce dated 8 December 2022 and the question as to the appropriate order as to the costs of these...