Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Trust Company (Nominees) Limited v Angas Securities Limited [2017] FCAFC 187 Appeal from: Trust Company (Nominees) Limited, in the matter of Angas Securities Limited v Angas Securities Limited (No 4) [2016] FCA 1240
File number: NSD 1913 of 2016
Judges: ALLSOP CJ, PERRAM AND MOSHINSKY JJ
Date of judgment: 27 November 2017
Catchwords: COSTS – where primary judge awarded trustee its costs on party-party basis only – where trust deed provided right of indemnity for all expenses incurred by trustee in executing deed and against proceedings, costs, claims and demands in respect of any matter relating to the deed – whether primary judge erred in exercising costs discretion so as to prevent trustee from calling on indemnity to recover difference between actual costs expended and party-party costs awarded
Legislation: Corporations Act 2001 (Cth) Part 2L.8, s 283HB
Cases cited: Colgate-Palmolive Company v Cussons Pty Ltd [1993] FCA 536; (1993) 46 FCR 225 Trust Company (Nominees) Limited v Angas Securities Limited, in the matter of Angas Securities Limited [2014] FCA 1397
Date of hearing: 20 November 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 19
Counsel for the Appellant: Mr B Walker SC with Mr R Foreman
Solicitor for the Appellant: King and Wood Mallesons
Counsel for the Respondent: Mr A Myers QC with Mr B Gibson
Solicitor for the Respondent: Johnson Winter & Slattery
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