Wiluna Mining Corporation Ltd [No 2]

[2025] WASC 515

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Corporations Act proceedings
4. › Deed administrators' application for directions
5. › Interested parties given leave under r 2.13
6. › Whether exceptional or special factors displaced ordinary rule that interested parties should not have their costs
7. › Supreme Court (Corporations) (WA) Rules 2004 (WA), r 2.13
1. Practice and Procedure
2. › Costs
3. › Discontinuance
4. › Application to terminate DOCA without breach
5. › Whether ordinary rule that discontinuing party pays costs was displaced
6. › Whether supervening events rendered application futile
1. Corporations
2. › Deed of company arrangement
3. › Deed administrators' indemnity
4. › Whether court should deprive deed administrators of indemnity from companies' assets
5. › Whether court should initiate enquiry under s 90-5 of Insolvency Practice Schedule
6. › Corporations Act 2001 (Cth), sch 2, ss 90-5, 90-15
1. Practice and Procedure
2. › Costs
3. › Special costs orders
4. › Whether amount allowable under costs determination inadequate because of unusual difficulty, complexity or importance
5. › Whether uplift of hourly rates for senior practitioners justified
6. › Legal Profession Uniform Law Application Act 2022 (WA), s 141(3)

Quick Take

The mere fact that senior practitioners retained in complex commercial matters charge above scale rates does not, without more, satisfy the s 141(3) gateway for uplifting hourly rates in a costs determination; the unusual difficulty or complexity must be shown to render the scale rates themselves inadequate.