Re Ji Woo International Education Centre Pty Ltd

In the matter of Re Ji Woo International Education Centre Pty Ltd, the applicants sought leave to intervene in proceedings between the liquidators of Ji Woo and a third party, without becoming parties to the proceeding. The Supreme Court of New South Wales was tasked with determining whether costs should be awarded against the applicants for their unsuccessful intervention. The applicants had intervened in the proceedings to challenge examination summonses, but their application was ultimately dismissed. The liquidators argued that the applicants' intervention caused additional costs and sought an order for costs against the applicants under rule 2.13(2) of the Supreme Court (Corporations) Rules 1999 (NSW). Additionally, the liquidators sought a gross sum costs amount against the applicants under section 98(4)(c) of the Civil Procedure Act 2005 (NSW), as well as a determination on whether a gross sum costs amount could be assessed or should be referred to assessment.

The court considered whether the applicants' intervention was vexatious, oppressive, or an abuse of the court's process. It found that while the applicants' intervention did not meet these criteria, their intervention did cause additional costs to the liquidators. The court held that the applicants were liable for these additional costs under rule 2.13(2) of the Supreme Court (Corporations) Rules 1999 (NSW). The court also considered whether a gross sum costs amount should be ordered against the applicants under section 98(4)(c) of the Civil Procedure Act 2005 (NSW). It found that the liquidators were entitled to a gross sum costs amount due to the unsuccessful nature of the application and the fact that the applicants' intervention caused additional costs. However, the court held that the amount of the costs should be referred to assessment to ensure a fair and accurate determination.

The court ordered that the applicants were liable for the additional costs incurred by their intervention, and a gross sum costs amount should be assessed against the applicants. The liquidators were granted leave to apply for costs on an indemnity basis, and the matter was referred to assessment to determine the precise amount of the costs to be awarded.