Lucky v Ives (No 3) [2024] FCA 1124

Lucky v Ives (No 3) [2024] FCA 1124

There was no material change of circumstances or discovery of new material that could not have been raised previously, so there was no basis to set aside or vary the costs order of 8 December 2023.

Parties
Plaintiff: Utaariki Mave Lucky; First Defendant: Ben Ives; Second Defendant: Chief Trade Credit Insurance Pty Ltd ACN 114 867 033
Jurisdiction
Australia
Judgment Date
19 September 2024
Procedural Posture
Costs Application in Ongoing Corporations Proceeding / Application to Vary Costs Order; Decision on Interlocutory Application
Outcome
Application dismissed
Legal Topics
Costs, Interlocutory Applications, Corporations Act S 237, Derivative Actions
Commercial Law Corporations Law Costs Interlocutory Applications Corporations Act S 237 Derivative Actions

Case Brief

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Parties

Utaariki Mave Lucky

Plaintiff

Ben Ives

First Defendant

Chief Trade Credit Insurance Pty Ltd ACN 114 867 033

Second Defendant

Procedural Posture

Costs Application in Ongoing Corporations Proceeding / Application to Vary Costs Order; Decision on Interlocutory Application

Legal Issues

  1. 1 Whether costs order made on 8 December 2023 should be set aside or varied

Ratio Decidendi

There was no material change of circumstances or discovery of new material that could not have been raised previously, so there was no basis to set aside or vary the costs order of 8 December 2023.

Court Disposition

Application dismissed

Orders

  • Paragraph 6 of Mr Ives' interlocutory application dated 15 August 2024 be dismissed.
  • Mr Ives to pay the costs of and incidental to the claim made in paragraph 6 of that application.