Secure Funding Pty Ltd v Torbeckin Pty Ltd (in liq) (No 2)

Secure Funding Pty Ltd sought default judgment against Torbeckin Pty Ltd (in liquidation), the first defendant, and an individual, the second defendant. The second defendant applied for leave to file a defence and counterclaim on behalf of the first defendant. The liquidator of Torbeckin Pty Ltd intervened in the proceedings. The court was required to decide whether to grant the second defendant's application to file a late defence and counterclaim, and if so, whether the liquidator's intervention justified costs in the proceeding. The court was also required to decide whether to grant the application for immediate taxation of costs, whether to make a gross sum costs order, and what principles should apply to the assessment of costs.

The court held that the second defendant's application to file a late defence and counterclaim was an abuse of process, and dismissed the application. The liquidator's intervention was necessary to protect its interests, and therefore the liquidator was entitled to costs. The court considered it appropriate to order immediate taxation of costs, as the circumstances justified it. The court found that the costs were broadly reasonable, and therefore made a gross sum costs order.

The court made a gross sum costs order in favour of the liquidator, and ordered that the costs be taxed immediately. The court held that the liquidator's intervention was necessary to protect its interests, and therefore the liquidator was entitled to costs. The court held that the circumstances justified immediate taxation of costs, and that the costs were broadly reasonable. The court made a gross sum costs order, and ordered that the costs be taxed immediately.