Virgtel Ltd v Zabusky

In the matter of Virgtel Ltd v Zabusky, the Supreme Court of Queensland was called upon to consider two primary issues: the joinder of additional companies as applicants in the proceedings and the determination of costs associated with these applications. The applicants, Virgtel Ltd and Virgtel Global Networks NV, sought to join Viscaya Armadora SA (Panama) and Viscaya Armadora SA (Anguilla) as applicants, both nunc pro tunc and from a specific date. Additionally, the applicants pursued specific orders concerning costs, including those reserved for a previous stay application and the assessment of costs in relation to the current joinder application.

The court addressed the legal issues by first determining the conditions under which the additional companies could be joined as applicants. It was required to assess the undertakings given by Viscaya Armadora SA (Panama) and Viscaya Armadora SA (Anguilla) concerning damages and their liability for costs. The court further scrutinized whether it was appropriate to make orders concerning costs, given that the parties had not been given an opportunity to make submissions on the matter. It also examined whether the judge should act as a cost assessor and direct the taxing officer in assessing these costs.

Upon reviewing the circumstances, the court concluded that Viscaya Armadora SA (Panama) could be joined as an applicant nunc pro tunc, and Viscaya Armadora SA (Anguilla) could be joined as from its incorporation date. The court reserved costs in relation to the joinder application and varied the previous order concerning the temporary stay to dismiss the respondents’ application with costs. It was determined that the applicants were not entitled to further specific orders regarding costs without proper submissions from the parties.