In the matter of Yowie Group Ltd (No 2)

In the matter of Yowie Group Ltd (No 2), the Plaintiff, Keybridge, applied for an order that Yowie Group Ltd, the Defendant, deliver a complete copy of its register of members. The application was made under sections 173 and 1303 of the Corporations Act 2001 (Cth). Yowie did not oppose the application. The Court made a judgment in favour of Keybridge, ordering Yowie to deliver the register of members. Following the judgment, Keybridge applied for its costs to be paid on a gross sum basis. The application for gross sum costs raised legal issues concerning the appropriate circumstances for making such an order and the appropriate quantum of those costs.

The Court considered the relevant authority for making a gross sum costs order under s 98(4)(c) of the Civil Procedure Act 2005 (NSW). The Court noted that gross sum costs may be awarded when the quantum of costs is small, and if formal assessment would likely result in delay and expense disproportionate to the amount at issue. The Court also noted that the power to award gross sum costs is discretionary, and the Court must have sufficient confidence in arriving at an appropriate sum on the materials available. The Court found that the circumstances of this case warranted a gross sum costs order and set the quantum at $15,000.

The Court granted Keybridge’s application for costs on a gross sum basis and ordered that Yowie pay $15,000 to Keybridge within 28 days of the date of the judgment. The Court also ordered that if Yowie did not pay within that time, interest would accrue on the amount owing at the rate of 4% per annum. The Court noted that Yowie did not file any submissions in response to the application, and the Court proceeded on the basis that Yowie did not seek to be heard.