In the matter of Ryals Hotel Pty Ltd [2021] NSWSC 42

In the matter of Ryals Hotel Pty Ltd [2021] NSWSC 42

Ryals Hotel Pty Ltd is entitled to indemnity costs on a gross sum basis due to abuse of process by Zhaos Pty Ltd; costs may be ordered although not yet billed or paid provided legal liability exists, and quantum claimed is fair, reasonable and proportionate, requiring no discount or adjustment.

Jurisdiction
Australia
Judgment Date
03 February 2021
Procedural Posture
Corporations – Winding Up Application / Post Judgment; Costs Determination
Outcome
Application for indemnity costs on a gross sum basis in favour of Ryals Hotel Pty Ltd granted.
Legal Topics
['winding Up' 'indemnity Costs' 'gross Sum Costs' 'abuse of Process' 'covid 19 Regulation']
['corporations Law' 'civil Procedure'] ['winding Up' 'indemnity Costs' 'gross Sum Costs' 'abuse of Process' 'covid 19 Regulation']

Case Brief

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Procedural Posture

Corporations – Winding Up Application / Post Judgment; Costs Determination

Legal Issues

  1. 1 ['Whether indemnity and gross sum costs should be ordered' 'Application of the indemnity principle in awarding costs' 'Whether proceedings amounted to abuse of process']

Ratio Decidendi

Ryals Hotel Pty Ltd is entitled to indemnity costs on a gross sum basis due to abuse of process by Zhaos Pty Ltd; costs may be ordered although not yet billed or paid provided legal liability exists, and quantum claimed is fair, reasonable and proportionate, requiring no discount or adjustment.

Court Disposition

Application for indemnity costs on a gross sum basis in favour of Ryals Hotel Pty Ltd granted.

Orders

  • ['Parties to bring in orders to give effect to judgment within 7 days.']