Pierotti & Fanani Pty Ltd v Mentha & Ors [1] & [2], Tuscany Management Pty Ltd v Mentha & Anor [3] [2005] NSWSC 685

Pierotti & Fanani Pty Ltd v Mentha & Ors [1] & [2], Tuscany Management Pty Ltd v Mentha & Anor [3] [2005] NSWSC 685

Each party should bear its own costs, as no party engaged in unreasonable conduct and success or failure in litigation could not be determined; the commercial solution was available to Defendants alone, reached after litigation began.

Parties
Plaintiff: Pierotti & Fanani Pty Ltd; Plaintiff: Tuscany Management Pty Ltd; Second Defendant: Perosin & Sergi Pty Ltd (subject to Deed of Co. Arrangement); First Defendant: Mark Francis Xavier Mentha; First Defendant: Mark Anthony Korda
Jurisdiction
Australia
Judgment Date
08 July 2005
Procedural Posture
Civil / Costs Determination After Dismissal by Consent
Outcome
Each party to pay its own costs of the proceedings.
Legal Topics
Costs, Compromised Proceedings, Company Administration, Deed of Company Arrangement
Equity Costs Compromised Proceedings Company Administration Deed of Company Arrangement

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Parties

Pierotti & Fanani Pty Ltd

Plaintiff

Tuscany Management Pty Ltd

Plaintiff

Perosin & Sergi Pty Ltd (subject to Deed of Co. Arrangement)

Second Defendant

Mark Francis Xavier Mentha

First Defendant

Mark Anthony Korda

First Defendant

Procedural Posture

Civil / Costs Determination After Dismissal by Consent

Legal Issues

  1. 1 Who should pay costs after proceedings dismissed by consent following compromise in administration of company.

Ratio Decidendi

Each party should bear its own costs, as no party engaged in unreasonable conduct and success or failure in litigation could not be determined; the commercial solution was available to Defendants alone, reached after litigation began.

Court Disposition

Each party to pay its own costs of the proceedings.

Orders

  • Each party to pay its own costs.