Bridging Capital Holdings Pty Ltd v Self Directed Super Funds Pty Ltd (Costs)

Bridging Capital Holdings Pty Ltd sought relief against the first and second defendants in proceedings that were ultimately resolved without a final hearing. The second defendant, Whisbee Nominees Pty Ltd, sought an order that the plaintiff pay its costs of the proceeding. The case before the court was whether the second defendant was entitled to an order for costs. The court found that the second defendant had played a minor role in the proceedings and that its involvement was obviated by the settlement reached between the first defendant and the plaintiff. The court exercised its discretion to order the first defendant to pay the plaintiff's costs and the plaintiff to pay the second defendant's costs. This decision highlights the importance of considering the role of each party in proceedings and the exercise of discretion in awarding costs.