Vero Insurance Ltd v Kassem [2010] NSWSC 1481

The administrators’ conduct was impugned and it was reasonable for them to prepare a defence, including affidavits. Costs should not be limited or denied simply because their affidavits were not ultimately read in the hearing.

Jurisdiction: Australia
Judgment Date: 17 December 2010
Procedural Posture: Civil / Post Judgment – Costs Determination
Outcome: Plaintiff to pay first defendants' costs of the proceedings.
Legal Topics: ['costs' 'company Administration' 'affidavits' 'voluntary Administration' 'deed of Company Arrangement']

['corporate Law' 'civil Procedure'] ['costs' 'company Administration' 'affidavits' 'voluntary Administration' 'deed of Company Arrangement']

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Procedural Posture

Civil / Post Judgment – Costs Determination

Legal Issues

1 ['Whether first defendants (company administrators) should be awarded costs when they did not participate in the final hearing' 'Whether costs awarded should exclude the costs of affidavits not read']

Ratio Decidendi

Court Disposition

Plaintiff to pay first defendants' costs of the proceedings.

Orders

["Order that the plaintiff pay the first defendants' costs of the proceedings."]