Dariusz Plust and Maclaw Jagoszewski v Polish Club Ltd [2014] NSWSC 323

Dariusz Plust and Maclaw Jagoszewski v Polish Club Ltd [2014] NSWSC 323

For the period 7 February 2014 to 27 February 2014, no order as to costs was appropriate because the plaintiffs sought an order the court could not properly make without proof that the existing Election Commission had not validly been appointed and had not first gathered that evidence or sought a statutory inspection order, while the Club's inadequate records and delay in providing available information also contributed to the dispute. For the period 27 February 2014 to 12 March 2014, the plaintiffs were to pay the defendant's costs because those costs would not have been incurred had the plaintiffs accepted the defendant's offer that each party pay their own costs, and the plaintiffs...

Jurisdiction
Australia
Judgment Date
24 March 2014
Procedural Posture
Costs Application in Equity Division Proceedings Concerning the Defendant Club's Election Processes / Determination of Costs After Hearings on 27 February 2014 and 12 March 2014
Outcome
No order as to costs for 7 February 2014 to 27 February 2014; plaintiffs ordered to pay the defendant's costs for 27 February 2014 to 12 March 2014 on the ordinary basis.
Legal Topics
['costs Discretion' 'ordinary Basis Costs' 'member Inspection Rights' 'club Constitution' 'election Commission']
['costs' 'corporations' 'associations and Clubs'] ['costs Discretion' 'ordinary Basis Costs' 'member Inspection Rights' 'club Constitution' 'election Commission']

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Procedural Posture

Costs Application in Equity Division Proceedings Concerning the Defendant Club's Election Processes / Determination of Costs After Hearings on 27 February 2014 and 12 March 2014

Legal Issues

  1. 1 ['What costs order should be made for the proceedings between 7 February 2014 and 27 February 2014.' 'What costs order should be made for the period between 27 February 2014 and 12 March 2014.']

Ratio Decidendi

For the period 7 February 2014 to 27 February 2014, no order as to costs was appropriate because the plaintiffs sought an order the court could not properly make without proof that the existing Election Commission had not validly been appointed and had not first gathered that evidence or sought a statutory inspection order, while the Club's inadequate records and delay in providing available information also contributed to the dispute. For the period 27 February 2014 to 12 March 2014, the plaintiffs were to pay the defendant's costs because those costs would not have been incurred had the plaintiffs accepted the defendant's offer that each party pay their own costs, and the plaintiffs...

Court Disposition

No order as to costs for 7 February 2014 to 27 February 2014; plaintiffs ordered to pay the defendant's costs for 27 February 2014 to 12 March 2014 on the ordinary basis.

Orders

  • ['The court makes no order as to the cost of these proceedings between 7 February 2014 and 27 February 2014, with the intent that each party will pay their own costs of the proceedings for this period.' 'The court orders the plaintiffs to pay the costs of the defendant for the period between 27 February 2014 and 12...