Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pleash (Liquidator) v Tucker (No 2) [2018] FCAFC 168 Appeal from: Pleash, in the matter of Equititrust Limited (In Liquidation) (Receivers and Managers Appointed) (No 3) [2017] FCA 1074
File number: QUD 2 of 2018
Judges: MCKERRACHER, FARRELL AND BANKS-SMITH JJ
Date of judgment: 5 October 2018
Catchwords: COSTS - where indemnity costs sought - where leave to appeal granted but appeal dismissed - whether rejection of offers unreasonable
Legislation: Federal Court Rules 2011 (Cth) rr 20.31, 25
Cases cited: Calderbank v Calderbank [1975] 3 All ER 333 Pleash (Liquidator) v Tucker [2018] FCAFC 144 Visscher v Teekay Shipping (Australia) Pty Ltd (No 5) [2013] FCA 28
Date of hearing: Determined on the papers
Date of last submissions: 6 September 2018 (Appellant) 5 and 12 September 2018 (Respondents)
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 34
Counsel for the Appellant: Mr SC Russell
Solicitor for the Appellant: Russells
Counsel for the Respondents: Mr P Hackett
Solicitor for the Respondents: Tucker & Cowen Solicitors
ORDERS QUD 2 of 2018
BETWEEN: BLAIR ALEXANDER PLEASH AND RICHARD ALBARRAN AS LIQUIDATORS OF EQUITITRUST LTD (IN LIQ) (RECEIVERS AND MANAGERS APPOINTED) (ACN 061 383 944) Appellant
AND: DAVID ROBERT WALTER TUCKER First Respondent
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