BNY Australia Limited v C Itoh & Co Limited & Ors; Corumo Holdings Pty Limited & Ors v C Itoh & Co Limited

In the High Court of Australia, two related matters, BNY Australia Limited v C Itoh & Co Limited & Ors and Corumo Holdings Pty Limited & Ors v C Itoh & Co Limited, were before the Court. The applicants in the first matter were BNY Australia Limited, and in the second matter, Corumo Holdings Pty Limited, Tipperary Holdings Pty Limited, Warren Perry Anderson, and Novalis Holdings Pty Limited. The respondents in both matters included C. Itoh & Co Limited, Shimizu Australia Pty Limited, and various other entities.

The central issue before the Court concerned the costs associated with applications for leave to appeal. The parties indicated that the underlying proceedings had been settled, and notices of discontinuance were being filed. Consequently, the Court was required to make an order regarding costs, particularly in circumstances where no order as to costs was to be made.

The Court was informed by counsel that the proceedings had been settled and that the parties jointly applied for an order that there be no order as to the costs of the leave applications. The Chief Justice, Mason CJ, noted this joint application.

By consent of all parties, the Court ordered that there be no order as to the costs of these applications.