In the matter of Gunyahweh Pty Limited (No 2) [2023] NSWSC 1204

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Gunyahweh Pty Limited (No 2) [2023] NSWSC 1204 Hearing dates: Written submissions received on 3 October 2023 Date of orders: 9 October 2023 Decision date: 09 October 2023 Jurisdiction: Equity - Corporations List Before: Black J Decision: No order as to costs of proceedings, reserve liberty to apply as to rectification of register and correction of records maintained by the Australian Securities and Investments Commission Catchwords: COSTS — Party/Party — General rule that costs follow the event — Where both parties led voluminous evidence as to unpleaded allegations of criminality — Where significant part of both parties' cases put on the basis of false premises — Where costs incurred were grossly disproportionate to the monetary amounts in issue — Where a finding of oppression adverse to the Cross-Defendants could not be remedied due to deficiencies in both parties' evidence — Whether no order as to costs should be made. Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98 - Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: - Ballam & Ors v Ferro & Anor (No 2) [2022] NSWSC 1358 - Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 - Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 - Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 Category: Costs Parties: Benjamin Smith (Defendant/Cross-Claimant) Gunyahweh Pty Ltd (Plaintiff/First Cross-Defendant) Anthony Grumley (Second Cross-Defendant) Daniel Smith (Third Cross-Defendant) Suzanne McKenna (Fourth Cross-Defendant) Elizabeth Austen (Fifth Cross-Defendant) Representation: Counsel: R Alkadamani (Cross-Claimant) S Epstein SC (First to Fifth Cross-Defendants)