In the matter of Tiaro Coal Limited (in liquidation) (ACN 127 936 412) [2018] NSWSC 1099

In the matter of Tiaro Coal Limited (in liquidation) (ACN 127 936 412) [2018] NSWSC 1099

Orders for costs are made in favour of the Plaintiff for specified interlocutory processes, to be paid by certain Defendants forthwith, subject to set-off for any costs previously ordered in favour of those Defendants as assessed or determined at the time of demand. Plaintiff may apply for gross sum costs order, but Defendants' request for reciprocal set-off is declined as unnecessary. Orders do not extend to unrelated previous matters or costs submissions.

Jurisdiction
Australia
Judgment Date
16 July 2018
Procedural Posture
Corporations Proceeding (costs Determination) / Orders as to Costs Following Interlocutory Applications
Outcome
Orders as to costs made.
Legal Topics
['costs' 'interlocutory Applications' 'set Off of Costs']
['equity' 'corporations'] ['costs' 'interlocutory Applications' 'set Off of Costs']

Case Brief

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Procedural Posture

Corporations Proceeding (costs Determination) / Orders as to Costs Following Interlocutory Applications

Legal Issues

  1. 1 ['What orders should be made as to costs following dismissal of applications to set aside the originating process' 'Whether a set-off should be permitted in relation to earlier costs orders' 'Whether Plaintiff should have liberty to seek gross sum costs']

Ratio Decidendi

Orders for costs are made in favour of the Plaintiff for specified interlocutory processes, to be paid by certain Defendants forthwith, subject to set-off for any costs previously ordered in favour of those Defendants as assessed or determined at the time of demand. Plaintiff may apply for gross sum costs order, but Defendants' request for reciprocal set-off is declined as unnecessary. Orders do not extend to unrelated previous matters or costs submissions.

Court Disposition

Orders as to costs made.

Orders

  • ["Second, Third, Fourth, Fifth, Seventh and Eighth Defendants to pay Plaintiff's costs of specified interlocutory processes on an ordinary basis, as agreed or assessed or as determined on a gross sum basis, payable forthwith." 'Orders do not include costs reserved or ordered in respect of earlier processes nor costs...