Southern & Southern

In the matter of *Southern & Southern*, Hogan J dealt with an application concerning costs and the removal of a party from proceedings. The dispute involved D Pty Ltd and E Pty Ltd, with E Pty Ltd being a third respondent. The proceedings concerned an application by the Applicant to set aside a Binding Financial Agreement.

The court was required to determine the appropriate orders regarding the costs of E Pty Ltd, which had indicated its intention to discontinue its involvement. Specifically, the court needed to decide who would bear E Pty Ltd's costs and on what basis those costs would be assessed.

Hogan J ordered by consent that D Pty Ltd pay E Pty Ltd's costs of and incidental to the proceedings, to be agreed or assessed on a party and party basis. Furthermore, E Pty Ltd was to be removed as a party to the proceedings. The Applicant was also ordered to pay E Pty Ltd's costs related to an interim application, also to be agreed or assessed on a party and party basis, with payment due within 28 days of the finalisation of the main proceedings.