In the matter of ENA Development Pty Ltd (in liq) (Costs)

The case involves ENA Development Pty Ltd in liquidation, the applicant, and another interested party, who sought a stay of the writ of possession. The dispute was heard in the Supreme Court of Victoria. The applicant and the other interested party sought a stay of the writ of possession which was ultimately refused by the court. The legal issues before the court were whether the applicant and the other interested party were entitled to indemnity costs for their unsuccessful stay application and subsequent attempts to reagitate the stay application.

The court considered the nature of the stay application and the subsequent attempts to reagitate the stay application. The court noted that the stay application was dismissed without any real prospect of success. The court also considered the conduct of the applicant and the other interested party in pursuing the stay application and the subsequent attempts to reagitate the stay application. The court held that the stay application and the subsequent attempts to reagitate the stay application were an abuse of process and were pursued without any reasonable cause. The court held that the applicant and the other interested party were not entitled to indemnity costs for their unsuccessful stay application and subsequent attempts to reagitate the stay application.

The court made a gross sum costs order against the applicant and the other interested party for the costs of the stay application and the subsequent attempts to reagitate the stay application. The court held that the costs should be paid on an indemnity basis. The final orders of the court were that the applicant and the other interested party pay the costs of the stay application and the subsequent attempts to reagitate the stay application on an indemnity basis.