Tanamerah Estates Pty Ltd v Tibra Capital Pty Ltd (No 2) [2013] NSWSC 616

Tanamerah Estates Pty Ltd v Tibra Capital Pty Ltd (No 2) [2013] NSWSC 616

Mr Tydeman was a party to the proceedings until removed by order; both Tanamerah and Mr Tydeman comprehensively failed to establish grounds for variation of the costs order; the usual costs rule applies and justice requires Tibra be compensated; even if Mr Tydeman were a non-party, his active involvement and opposition to relief would justify a costs order against him.

Parties
First Plaintiff: Tanamerah Estates Pty Ltd (ACN 094 864 089) as trustee for the Alexander Superannuation Fund; Second Plaintiff: James Tydeman; Defendant: Tibra Capital Pty Ltd
Jurisdiction
Australia
Judgment Date
23 May 2013
Procedural Posture
Application to Set Aside or Vary Costs Order / Post Judgment Costs Hearing
Outcome
Application to set aside or vary costs orders dismissed with costs.
Legal Topics
Costs Orders, Non Party Costs Liability, Corporate Representation in Proceedings
Civil Procedure Equity Costs Orders Non Party Costs Liability Corporate Representation in Proceedings

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Parties

Tanamerah Estates Pty Ltd (ACN 094 864 089) as trustee for the Alexander Superannuation Fund

First Plaintiff

James Tydeman

Second Plaintiff

Tibra Capital Pty Ltd

Defendant

Procedural Posture

Application to Set Aside or Vary Costs Order / Post Judgment Costs Hearing

Legal Issues

  1. 1 Whether costs order made against both Tanamerah and Mr Tydeman should be set aside or varied
  2. 2 Whether Mr Tydeman was a party or non-party for costs purposes
  3. 3 Whether interests of justice require variation of costs orders

Ratio Decidendi

Mr Tydeman was a party to the proceedings until removed by order; both Tanamerah and Mr Tydeman comprehensively failed to establish grounds for variation of the costs order; the usual costs rule applies and justice requires Tibra be compensated; even if Mr Tydeman were a non-party, his active involvement and opposition to relief would justify a costs order against him.

Court Disposition

Application to set aside or vary costs orders dismissed with costs.

Orders

  • Application brought by Tanamerah and Mr Tydeman to set aside or vary the costs order is dismissed with costs (limited as set out above).
  • Costs orders made against Mr Tydeman may be enforced forthwith.