In the matters of Shaolin Temple Foundation (Australia) Ltd (No 2) [2016] NSWSC 1766

In the matters of Shaolin Temple Foundation (Australia) Ltd (No 2) [2016] NSWSC 1766

While the plaintiff was successful in setting aside the statutory demands and generally entitled to costs, the court excluded from the costs to be paid certain costs associated with withdrawn interlocutory processes, the determination of the separate question of jurisdiction, costs for evidence ultimately rejected by the court, and apportioned costs for the hearing day largely spent on admissibility arguments, as fairness required such exceptions.

Jurisdiction
Australia
Judgment Date
09 December 2016
Procedural Posture
Application to Set Aside Statutory Demand / Post Judgment (costs Determination)
Outcome
Costs orders made in favour of plaintiff with specified exceptions and set-off for previously ordered costs against the plaintiff.
Legal Topics
['costs' 'statutory Demands' 'corporations']
['equity' 'civil Procedure'] ['costs' 'statutory Demands' 'corporations']

Case Brief

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Procedural Posture

Application to Set Aside Statutory Demand / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Appropriate order as to costs following successful application to set aside statutory demands under s 459G of the Corporations Act 2001 (Cth)' 'Whether certain costs should be excluded from costs payable by the defendants to the plaintiff']

Ratio Decidendi

While the plaintiff was successful in setting aside the statutory demands and generally entitled to costs, the court excluded from the costs to be paid certain costs associated with withdrawn interlocutory processes, the determination of the separate question of jurisdiction, costs for evidence ultimately rejected by the court, and apportioned costs for the hearing day largely spent on admissibility arguments, as fairness required such exceptions.

Court Disposition

Costs orders made in favour of plaintiff with specified exceptions and set-off for previously ordered costs against the plaintiff.

Orders

  • ["In proceedings 2016/37802: The defendant pay the plaintiff's costs of the proceedings on the party/party basis except for: (a) the plaintiff's costs associated with the interlocutory process filed by the plaintiff on 17 March 2016 and withdrawn on 11 May 2016; (b) the plaintiff's costs associated with the...